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530	https://historysoa.com/items/show/530	The Author, Vol. 23 Issue 10 (July 1913)	<a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=49&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=%3Cem%3EThe+Author%3C%2Fem%3E%2C+Vol.+23+Issue+10+%28July+1913%29"><em>The Author</em>, Vol. 23 Issue 10 (July 1913)</a>											<a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=51&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Publication">Publication</a>	1913-07-01-The-Author-23-10					279–312																		<a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=89&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=23">23</a>											<a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=76&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=1913-07-01">1913-07-01</a>							10			19130701	Che BMutbor.<br /> <br /> (The Organ of the Incorporated Society of Authors.<br /> <br /> FOUNDED BY SIR<br /> <br /> Monthly.)<br /> <br /> WALTER BESANT.<br /> <br /> <br /> <br /> <br /> <br /> VoL. X XIII.—No. 10.<br /> <br /> JULY 1, 1913.<br /> <br /> [PRICE SIXPENCE.<br /> <br /> <br /> <br /> <br /> <br /> TELEPHONE NUMBER:<br /> 874 VICTORIA.<br /> <br /> TELEGRAPHIC ADDRESS :<br /> AUTORIDAD, LONDON.<br /> <br /> ————__—__+____—__-<br /> <br /> NOTICES.<br /> <br /> +<br /> <br /> oh OR the opinions expressed in papers that<br /> <br /> are signed or initialled the authors alone<br /> <br /> are responsible. None of the papers or<br /> <br /> paragraphs must be taken as expressing the<br /> <br /> opinion of the Committee unless such is<br /> especially stated to be the case.<br /> <br /> Tur Editor begs to inform members of the<br /> Authors’ Society and other readers of The<br /> Author that the cases which are quoted in The<br /> Author are cases that have come before the<br /> notice or to the knowledge of the Secretary of<br /> the Society, and that those members of the<br /> Society who desire to have the names of the<br /> publishers concerned can obtain them on<br /> application.<br /> <br /> ARTICLES AND CONTRIBUTIONS.<br /> <br /> Tur Editor of The Author begs to remind<br /> members of the Society that, although the<br /> paper is sent to them free of cost, its production<br /> would be a very heavy charge on the resources<br /> of the Society if a great many members did not<br /> forward to the Secretary the modest 5s. 6d.<br /> subscription for the year.<br /> <br /> Communications for The Author should be<br /> addressed to the offices of the Society, 1, Cen-<br /> tral Buildings, Tothill Street, Westminster,<br /> S.W., and should reach the Editor not later<br /> than the 21st of each month.<br /> <br /> Communications and letters are invited by<br /> the Editor on all literary matters treated from<br /> <br /> Vou. XXIII.<br /> <br /> the standpoint of art or business, but on no<br /> other subjects whatever. Every effort will be<br /> made to return articles which cannot be<br /> accepted.<br /> <br /> ADVERTISEMENTS.<br /> <br /> On and after June 13 Messrs. Matthews’<br /> Advertising Service, Staple Inn Buildings,<br /> High Holborn, W.C., will act as agents for<br /> advertisements for “The Author.” All<br /> communications respecting advertisements<br /> after that date should be addressed to them.<br /> <br /> As there seems to be an impression among<br /> readers of The Author that the Committee are<br /> personally responsible for the bona fides of the<br /> advertisers, the Committee desire it to be stated<br /> that this is not, and could not possibly be, the<br /> case. Although care is exercised that no<br /> undesirable advertisements be inserted, they<br /> do not accept, and never have accepted, any<br /> liability.<br /> <br /> Members should apply to the Secretary for<br /> advice if special information is desired.<br /> <br /> —_____+——« ——<br /> <br /> THE SOCIETY’S FUNDS.<br /> <br /> —+—~&lt;— +<br /> <br /> 4 ROM time to time members of the Society<br /> desire to make donations to its funds in<br /> recognition of work that has been done<br /> for them. The Committee, acting on the<br /> suggestion of one of these members, have<br /> decided to place this permanent paragraph in<br /> The Author in order that members may be<br /> cognisant of those funds to which these con-<br /> tributions may be paid.<br /> <br /> The funds suitable for this purpose are:<br /> (1) The Capital Fund. This fund is kept in<br /> reserve in case it is necessary for the Society to<br /> incur heavy expenditure, either in fighting a<br /> question of principle, or in assisting to obtain<br /> copyright reform, or in dealing with any other<br /> <br /> #9<br /> <br /> <br />  <br /> <br /> 282<br /> <br /> <br /> <br /> length, given way on both points, and the<br /> accounts had been duly vouched in accordance<br /> with the Society’s desire. The report of the<br /> Society’s accountant had been received.<br /> <br /> A question of infringement of copyright,<br /> which the Society had previously been unable<br /> to take up, was again brought before the com-<br /> mittee, as fresh evidence was now at the dis-<br /> posal of the complainant. The solicitor was<br /> instructed to inquire into the new evidence and<br /> to report to the next meeting. The solicitor<br /> reported on another case in the High Court,<br /> which will, most probably, be settled before<br /> this record appears, and that in another action<br /> the debt and costs had been paid.<br /> <br /> The next dispute referred to the proper<br /> rendering of accounts. Owing to the errors<br /> that had occurred, the committee decided to<br /> place in an accountant, when all the items<br /> would be properly vouched. The solicitors<br /> then reported on a claim by one of the members<br /> against a publishing firm, and stated that they<br /> had issued a writ, but that it was possible the<br /> firm would be unable to pay, in which case it<br /> might be necessary to take some further steps.<br /> A question of infringement of dramatic copy-<br /> right the solicitors hoped to be able to settle,<br /> as they had been in communication with<br /> the defendants’ solicitors with this in view.<br /> Another claim for infringement of dramatic<br /> copyright was before the committee, and the<br /> solicitors were able to report that they were in<br /> negotiation with the defendant and hoped to<br /> be able to settle the matter satisfactorily. A<br /> claim for a member for money for work done<br /> under a contract was next considered, and the<br /> committee decided to go forward with it.<br /> A dispute on the interpretation of a contract,<br /> on which the solicitors had been advising, was<br /> fully gone into, and the solicitors explained<br /> what they considered to be the legal aspect of<br /> the case. It was decided by the committee<br /> that the solicitors should write and report to<br /> the member concerned, with a view to deciding<br /> as to the course it might be necessary to take.<br /> <br /> The secretary then detailed a complaint<br /> raised by one of the members in regard to the<br /> publication of advertisements by publishers in<br /> the 6d. editions of authors’ novels. The com-<br /> mittee gave a careful consideration to the issue,<br /> and instructed the secretary to write to the<br /> member.<br /> <br /> The committee decided to take up a case of<br /> infringement of the dramatic rights of one of<br /> the members if it was not possible to come to<br /> an amicable arrangement.<br /> <br /> In two complaints by members of the Society<br /> against certain agents for malconduct, one of the<br /> <br /> THE AUTHOR.<br /> <br /> members agreed to make further inquiries and<br /> report to the next meeting. The committee<br /> considered the issues were of serious import-<br /> ance. It was decided to take two cases up in<br /> France, one being for infringement of copy-<br /> right and the other a claim for accounts<br /> undelivered. A case of gross infringement in<br /> America was considered, and the secretary was<br /> instructed to write to ascertain what action<br /> could be taken. Finally, the secretary laid<br /> before the committee an article dealing with a<br /> publisher’s agreement, and received instruc-<br /> tions to print the article in The Author.<br /> <br /> The question of cinematography was fully<br /> discussed, and it was suggested it might be<br /> desirable to appoint a sub-committee. On the<br /> report of the secretary, however, it was<br /> decided to leave the matter in the hands of the<br /> Dramatic Sub-Committee.<br /> <br /> Mr. Theodore Holland was elected a member<br /> of the Composers’ Sub-Committee, at the<br /> suggestion of that committee.<br /> <br /> The secretary reported the action he had<br /> taken in regard to international copyright, at<br /> an interview with certain important members<br /> of the Publishers’ Association, with a view to<br /> joint action being taken, if necessary. He<br /> reported also, in the same connection, that<br /> considerable difficulty had arisen in Holland<br /> owing to the fact that the Dutch had only<br /> recently joined the International Copyright<br /> Convention. It was decided to obtain a legal<br /> opinion from a Dutch lawyer on certain<br /> important points affecting dramatic produc-<br /> tions in that country.<br /> <br /> It was decided to rent a room for the regis-<br /> tration of scenarios, at a cost of £2 2s. per<br /> annum, as the secretary explained that the<br /> register was increasing beyond the limits of<br /> the room at the Society’s disposal.<br /> <br /> The committee decided to print in The<br /> Author from time to time the names and<br /> addresses of the dramatic agents appointed by<br /> the Society, for the guidance of members who<br /> might desire agents to act on their behalf,<br /> <br /> The secretary reported that, since February,<br /> the following had joined the Society as life<br /> members :—Gerald S. Dunn, Miles Franklin,<br /> E. Thompson Seton, Paul Hasluck, The Rev.<br /> W. Temple, Harold Cross.<br /> <br /> ee<br /> AUTHORS AND EDITORS.<br /> <br /> {cae adjourned meeting of the Committee<br /> of Management and Editors was held<br /> <br /> at Central Buildings, Tothill Street, on<br /> Thursday, June 19. The following resolution,<br /> <br /> <br /> <br /> <br /> <br /> <br />  <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> which had been embodied and sent round in a<br /> circular, was accepted by the editors whose<br /> names are printed below.<br /> <br /> Resolution.<br /> <br /> ‘&lt;The authors and artists whose articles,<br /> stories, or drawings may have been accepted,<br /> shall be paid for those accepted articles,<br /> stories, or drawings, at the next official pay-<br /> day after the publication, or within six<br /> months from the date of acceptance of such<br /> articles, stories, or drawings, whichever is<br /> the shorter period.”<br /> <br /> In favour.<br /> <br /> J. T. Herbert Bailey, The Connoisseur.<br /> Vivian Carter, The Byestander.<br /> <br /> F. Chalmers Dixon, English Review.<br /> <br /> L. J. Maxse, National Review.<br /> *G. W. Prothero, Quarterly Review.<br /> <br /> Harold Cox, Edinburgh Review.<br /> <br /> C. E. S. Chambers, Chambers’ Journal.<br /> <br /> F. H. Fisher, Literary W orld.<br /> <br /> Chas. Hyatt-Woolfe, Science Siftings.<br /> <br /> G. Binney Dibblee, The Field ; The Queen.<br /> <br /> * There was a reservation by the Editor of The Quarterly<br /> Review that the word “ shall” should be altered to “ should.”<br /> <br /> After this resolution had been put forward,<br /> it was proposed—owing to the fact that many<br /> editors, while approving the spirit of the<br /> resolution, objected to the letter, and that no<br /> voice was raised in opposition to the principle<br /> of obtaining a more uniform and businesslike<br /> practice—to discuss, either by circular or by<br /> means of an adjourned meeting later in the<br /> year, the following :—<br /> <br /> “We consider that it should be under-<br /> stood by all authors and artists whose con-<br /> tributions have been accepted, that they<br /> shall be entitled to make requisition for pay-<br /> ment at any period six months after such<br /> acceptance, and that such requisition shall<br /> not be considered in any way contrary to<br /> established precedent.”<br /> <br /> It is hoped by the Committee that it will be<br /> possible to get a still larger number of editors<br /> to consent to this more elastic resolution,<br /> which will give great relief to contributors.<br /> Many editors are quite willing to pay within a<br /> reasonable time if they are asked, but they<br /> fail to understand the author’s point of view.<br /> It is not so much natural modesty, as a fear—<br /> in many cases, we regret to say, well-founded—<br /> that any step they may take to disturb the<br /> equanimity of the editor will result in their<br /> future contributions being set aside.<br /> <br /> <br /> <br /> 283<br /> <br /> Another point was put forward, which the<br /> committee hope to deal with in the autumn,<br /> namely, the possibility of arranging between<br /> authors and editors some form of conditional<br /> acceptance in those cases where editors feel<br /> they could not give an immediate and uncon-<br /> ditional decision. ;<br /> <br /> The committee beg to tender their very<br /> grateful thanks to those editors who have so<br /> courteously responded, not only for the interest<br /> they have shown in the issues, but also for the<br /> willingness expressed by them to arrive at a<br /> uniform and businesslike arrangement with<br /> the contributors to magazines.<br /> <br /> DRAMATIC SUB-COMMITTEE.<br /> <br /> THE June meeting of the Dramatic Sub-<br /> Committee was held at the offices of the<br /> Society of Authors on Friday, the 20th of that<br /> month, at 3 o’clock.<br /> <br /> Following the signing of the minutes of the<br /> previous meeting, a discussion took place as to<br /> the collection of fees on amateur performances.<br /> Mr. Cyril Hogg, of Messrs. Samuel French, Ltd.,<br /> was kind enough to attend and confer with the<br /> sub-committee on the subject.<br /> <br /> The next matter—one of considerable im-<br /> portance—was a dispute between certain<br /> members of the Society and their agents. The<br /> full details of the case were placed before the<br /> sub-committee and discussed, and a recom-<br /> mendation was passed to the Committee of<br /> Management that the facts of the case should<br /> be put forward in The Author for the protection<br /> of other members.<br /> <br /> The delegates appointed to meet the West<br /> End managers reported what had occurred at<br /> the meeting, and the secretary laid before the<br /> sub-committee the draft of the Managerial<br /> Treaty, with the notes he had made when the<br /> clauses were being discussed. It was decided<br /> to reconsider the matter at the next meeting of<br /> the sub-committee, which was fixed for Friday,<br /> July 11.<br /> <br /> The secretary reported that the model agree-<br /> ment, which the sub-committee had instructed<br /> him to draft, was not, as yet, in its completed<br /> form, and it was decided that this matter<br /> should also be adjourned to the next meeting.<br /> <br /> On the question of foreign agents one or two<br /> letters were laid before the sub-committee, and<br /> the secretary received instructions to write for<br /> further information as to the issues and the<br /> terms.<br /> <br /> <br />  <br /> <br /> <br /> <br /> 284<br /> <br /> <br /> <br /> Composers’ Sus-CoMMITTEE.<br /> <br /> THE Composers’ Sub-Committee met on<br /> Saturday, June 14, at 11 o’clock, at the offices<br /> of the Society, 1 Central Buildings, Tothill<br /> Street, Westminster, S.W.<br /> <br /> After the minutes of the previous meeting<br /> had been read, the answers to the circular<br /> sent round to composers were considered.<br /> These answers were classified and catalogued,<br /> and the Committee were very pleased to note<br /> that the answers received were almost unani-<br /> mous. It was proposed to make a full state-<br /> ment in the October issue of The Author,<br /> and also to call a conference of composers<br /> some time in the Autumn to determine what<br /> course should be taken to draw members of<br /> the profession closer together. It was agreed<br /> that a regular circular should be sent out<br /> to as large a number of composers as possible<br /> with a full list of agenda.<br /> <br /> A discussion then arose concerning the<br /> appointment of an agent in Germany for the<br /> collection of mechanical instrument fees in<br /> that country, and it was decided to accept the<br /> terms of the Anstalt fur Mechanisch Musi-<br /> kalische Rechte, known in Germany under the<br /> short title of ‘‘ the Ammre.”’<br /> <br /> —— 1<br /> <br /> Cases,<br /> <br /> THE number of cases from month to month<br /> has varied but little recently. During the<br /> month of June seventeen cases have come into<br /> the hands of the secretary. Of these four refer<br /> to disputes on agreements. It is pleasing to<br /> think that they can very often be settled by the<br /> informal arbitration of the Society. Out of the<br /> four three have already been settled, but one<br /> has only recently come to the office.<br /> <br /> Four cases of infringement of copyright have<br /> occurred, and two of these have been settled,<br /> while two are still in course of negotiation, one<br /> lying in the U.S.A.<br /> <br /> Three claims for money have come before<br /> the secretary; of these, one is eoncluded, one<br /> has had to be placed in the hands of the<br /> Society’s solicitors, and most probably the third<br /> will also have to go into the lawyers’ hands, as<br /> the party has refused to answer any of the<br /> Society’s letters.<br /> <br /> In three claims for money and accounts, one<br /> has been settled, but the other two are in an<br /> unsatisfactory position as no answer has been<br /> forthcoming ; these will also, most probably,<br /> have to be placed into the solicitors’ hands.<br /> Two claims for the return of MSS. are still<br /> <br /> THE AUTHOR.<br /> <br /> open. The last case was one for the delivery<br /> of accounts. The accounts have been delivered<br /> and the matter settled.<br /> <br /> It will be seen, therefore, that out of the<br /> seventeen cases eight have already been<br /> settled.<br /> <br /> This is very satisfactory. The remainder<br /> will no doubt be settled during the coming<br /> month.<br /> <br /> Of the cases open from the preceding months,<br /> there are three, two for money and accounts,<br /> and one referring to a negotiation for transla-<br /> tion rights. They are all in foreign countries,<br /> two lying in France and one in the U.S.A.<br /> Most probably one of the cases in France will<br /> have to be handed over to our lawyers in<br /> Paris, as no answer has been received to the<br /> letters of demand. The matter is at present<br /> waiting for an answer from the author.<br /> <br /> It may be chronicled incidentally here,<br /> though the solicitors’ cases are not generally<br /> included under this head, that during the last<br /> month the Society has been successful in the<br /> case of Corelli and Gray and Pett Ridge and<br /> the English Illustrated.<br /> <br /> Elections.<br /> <br /> Ballantyne, J. W.,M.D. 19, Rothesay Ter-<br /> race, Edinburgh.<br /> Dye House, Thurs-<br /> ley, Godalming.<br /> 5, Suffolk Place, Pall<br /> <br /> Mall, S.W.<br /> c/o Cecil Broderick,<br /> <br /> Barlow, Hilaré<br /> Brandon, J ocelyn<br /> <br /> Broderick, Mrs. Mary .<br /> <br /> Esq., 63, Queen<br /> Victoria Street,<br /> E.C.<br /> <br /> Bruce, Miss Mary Grant Lyceum Club, 128,<br /> Piccadilly, W.<br /> 5, Sheen Gate Gar-<br /> <br /> dens, East Sheen,<br /> <br /> Buckle, Henry<br /> <br /> S.W.<br /> Bullard, Arthur . cio The Macmillan<br /> Co., 64, Fifth<br /> <br /> Avenue, New York<br /> City, U.S.A:<br /> <br /> Burckhardt, Mrs. Bel Ai, Tillington,<br /> (“ Frances Burke- Stafford.<br /> Hart”)<br /> Cragg, Edward Henry . Billingboro’, Fock-<br /> ingham, Lincoln:<br /> shire.<br /> <br /> Crawford, Mrs. Maynard 113, Constable Road,<br /> (‘* Amy G. Baker ’’) Ipswich.<br /> Doyle, Miss Ruby Mackay Street, Dun-<br /> gog, N.S.W.<br /> <br /> <br /> <br /> <br /> Heydemann,<br /> <br /> Johnson,<br /> <br /> Lineham,<br /> <br /> Mrs.<br /> <br /> <br /> <br /> Dunbar, Lady of Moch-<br /> rum.<br /> Getty, Miss Alice<br /> <br /> Harris, William<br /> <br /> Charles<br /> H., Ph.D.<br /> <br /> Hill, Roland<br /> <br /> Hobhouse, L. T. .<br /> <br /> Arthur<br /> Tysilio.<br /> <br /> Andrew<br /> Wood, M.A.<br /> <br /> Lodge, Arthur<br /> <br /> 7 Low, Miss Ivy<br /> <br /> Macgowan, John<br /> <br /> Marshall, Miss Cicily<br /> <br /> Maxwell, Richard<br /> <br /> Drummond, M.D.<br /> <br /> Monsell, G. R.<br /> <br /> Moore, Paymaster John<br /> Gc, HN... (Retd.)<br /> (‘‘ M. Areno ’’).<br /> Mulliner, May<br /> <br /> Alee. Dobbin<br /> (‘‘ Page, Gertrude”’) .<br /> <br /> * Norma Karl” .<br /> <br /> Pearce, Charles E. :<br /> <br /> Piazzani Romolo<br /> <br /> Redmayne, P. Y.<br /> <br /> Scott, Mrs. Dawson<br /> <br /> Sneyd-Kynnersley, E.<br /> M.<br /> Spearing, H. G.<br /> <br /> Spence, Lewis<br /> <br /> Stockley, Mrs. Cynthia<br /> (“* Cynthia Stockley ’’)<br /> <br /> THE AUTHOR.<br /> <br /> Earnbank, Bridge of<br /> Earn, N.B.<br /> <br /> 75, Av. des Champs<br /> Elysées, Paris.<br /> <br /> *“Combe Blythe,”<br /> 73, Chambercombe<br /> Road, Ilfracombe.<br /> <br /> 165, Seymour Place,<br /> W.<br /> <br /> Author&#039;s Club, 2,<br /> Whitehall Court,<br /> S.W.<br /> <br /> 7, Broadlands Road,<br /> Highgate.<br /> <br /> Llys Llewelyn, Con-<br /> way, N. Wales.<br /> 62, Stanmore Road,<br /> <br /> Birmingham.<br /> <br /> 257, Maidstone Road,<br /> <br /> Rochester.<br /> <br /> Needham<br /> Suffolk.<br /> <br /> Castlerigg<br /> Keswick.<br /> <br /> 41, Wimpole Street,<br /> W.<br /> <br /> 9, Foulis<br /> Onslow<br /> S.W.<br /> <br /> ‘* Brooms,”’<br /> ing.<br /> <br /> Market,<br /> <br /> Manor,<br /> <br /> Terrace,<br /> Square,<br /> <br /> Worth-<br /> <br /> Park Gates Club,<br /> Hyde Park Corner,<br /> S.W.<br /> <br /> Capital and Counties<br /> Bank, Newent,<br /> Glos.<br /> <br /> 83, Merton Avenue,<br /> Chiswick, W.<br /> <br /> Ryton Hall, Shifnal.<br /> <br /> Harden, King Street,<br /> Southall.<br /> <br /> 5, Hornsey Lane<br /> Gardens, High-<br /> gate, N.<br /> <br /> 6, Sylvan<br /> Edinburgh.<br /> <br /> Lyceum Club, W.<br /> <br /> Place,<br /> <br /> -Inpian ARCHITECTURE.<br /> <br /> <br /> <br /> 285<br /> <br /> Symons, Major F. Gos-<br /> MOB. R.A M-C.<br /> <br /> Thomas, Mrs. Fanny S.<br /> <br /> A., Fort Roaner,<br /> port.<br /> <br /> clo Messrs. Brown,<br /> Shipley &amp; Co., 122,<br /> Pall Mall, S.W.<br /> <br /> Prestwick, Witley,<br /> Surrey.<br /> <br /> ** Shillay,”’ Exeter.<br /> <br /> 22, Redcross Street,<br /> Rochdale.<br /> <br /> 84, Lexham Gardens,<br /> W.<br /> <br /> 10, Clifford’s<br /> W.C.<br /> <br /> 6, Mortlake Road,<br /> Kew.<br /> <br /> Bank Chambers, 111,<br /> New OxfordStreet,<br /> W.C.<br /> <br /> Webster, Mrs. Arthur .<br /> <br /> Wheatley, E. Pearse<br /> Wild, Alfred G.<br /> <br /> Wilde, A. D.<br /> Williams, Robert Inn,<br /> <br /> Wills, J. T.<br /> <br /> Wimperis, Arthur<br /> <br /> it<br /> <br /> BOOKS PUBLISHED BY MEMBERS.<br /> <br /> <br /> <br /> While every effort is made by the compilers to keep<br /> this list as accurate and exhaustive as possible, they have<br /> some difficulty in attaining this object owing to the fact<br /> that many of the books mentioned are not sent to the office<br /> by the members. In consequence, it is necessary to rely<br /> largely upon lists of books which appear in literary and<br /> other papers. It is hoped, however, that members will<br /> co-operate in the compiling of this list, and, by sending<br /> particulars of their works, help to make it substantially<br /> accurate.<br /> <br /> ARCHAIOLOGY.<br /> <br /> Tue Hawara Portrotto. Paintings of the Roman Age.<br /> Found by W. M. Frrypers Petrie (British School of<br /> Archeology in Egypt and Egyptian Research Account,<br /> Nineteenth Year, 1913). 124 x 10.<br /> <br /> ARCHITECTURE.<br /> <br /> Its Psychology, Structure and<br /> History from the First Muhamadan Invasion to the<br /> Present Day. By E. B. Haverty. 260 pp. Murray.<br /> 30s. n.<br /> <br /> ART.<br /> <br /> VisvAKARMA. Examples of Indian Architecture, Sculp-<br /> ture, Painting, Handicraft. Chosen by A. W. Cooma-<br /> RASwAMy, D.Sc. Part IV. 11 x 8}. Luzac. 2s. 6d.<br /> <br /> Srort rn Art. An Iconography of Sport during Four<br /> Hundred Years from the Beginning of the Fifteenth to<br /> the End of the Eighteenth Centuries. By W. A.<br /> Bane Gronman. 13 x 10. 422 pp. Ballantyne.<br /> £2 2s. n.<br /> <br /> THE RENAISSANCE AND Its MAKeERs.<br /> and §S. L. Brnsusan. 94 x 63.<br /> 10s. 6d. n.<br /> <br /> By J. W. Symon<br /> 456 pp. Jack.<br /> <br /> BIOGRAPHY.<br /> <br /> Tan Lirr or Joun Bricut. By Grorce MAcauLay<br /> TREVELYAN. 9 x 53. 480 pp. Constable. 15s. n.<br /> Oscar Wipe. A Critical Study. By A. Ransome.<br /> (C heap Edition.) 7 x 4}. 234 pp. Methuen, Is. n,<br /> <br /> <br />  <br /> <br /> 286<br /> <br /> <br /> <br /> Tue Earty Lire or Motrxe. A Lecture delivered before<br /> the University of Oxford, May 10th, 1913. By Sprnour<br /> Witxinson, Chichele Professor of Military History.<br /> 9 x 6. 28 pp. Oxford: Clarendon Press. London :<br /> Frowde &amp; Milford. Is. n.<br /> <br /> “Potty Pzacnum.” Being the Story of Lavinia Fenton<br /> (Duchess of Bolton) and “The Beggar&#039;s Opera.” By<br /> C. E. Prarce. 9 x 5}. 382 pp. Stanley Paul. 16s. n.<br /> <br /> “J”: A Memoir or Jonn Wits CLARK. By A. E.<br /> Suiptey. 9 x 5}. 362 pp. Smith Elder. 10s. 6d. n.<br /> <br /> Mapame Royatz, Daveurer or Louis XVI., anp Marre<br /> <br /> AntorneTTs. HzR YourH AND Marriage. From the<br /> French of Ernest Daudet. By Mrs. Ropotpu STawELL.<br /> 9 x 6. 264 pp. Heinemann. 10s. n.<br /> BOOKS OF REFERENCE.<br /> French Purases. By Gorpon Davyson. 54 x 32°<br /> 134 pp. Nutt. Is.n.<br /> CLASSICAL.<br /> <br /> Tue Ruxsus or Evrreepss. Translated into English<br /> Rhyming Verse with Explanatory Notes. By GiLBErt<br /> <br /> Murray, LL.D., D.Litt. 7h x 5. 67 pp. Allen.<br /> 28. n.<br /> DRAMA.<br /> Cyprus (According to Dinon 460 B.C.). A Fabulous<br /> <br /> Tragedy in Prologue and Four Acts. By J. Marriorr<br /> Hopexiys. 73x 5. 90 pp. John Long. Qs. 6d. n,<br /> <br /> EDUCATIONAL.<br /> <br /> THE StupDENT’s ELEMENTARY CoMMERCIAL BOOK-KEEPING.<br /> Seventeenth Edition. By Arrnur FIELDHOUSE.<br /> 74 x 43. 358 pp. Simpkin. 2s.<br /> <br /> THe STUDENT&#039;S ComMPLETE ComMERCIAL BOOK-KEEPING.<br /> AccounTING AND Banxina. Eighteenth Edition. By<br /> ARTHUR FIELDHOUSE. 7} x 43. 902 pp. Simpkin.<br /> 4s.<br /> <br /> Tue StrupEent’s Business MretTnops or ComMMERCTAL<br /> PRACTICE AND CORRESPONDENCE. Sixth Edition. By<br /> ArtHuR FrevpHousE. 7} x 43. 372 pp. Simpkin<br /> 2s. 6d.<br /> <br /> Key To Tur StupEnt’s ApvANcED (Part II.) CommERcraL<br /> Boox-Kerrinc, Accounting AND Banxkine. Third<br /> <br /> Edition. By Artuur Fre.pHousr and Epwin WIson.<br /> 82 x 53. 487 pp. Simpkin. 16s.<br /> FICTION.<br /> Barry anp A Stnner. By Joun Barnett. 73 x 5}.<br /> 307 pp. Smith Elder. 6s.<br /> THe Litrte Maister. By R. H. Forster. 7} x 5.<br /> <br /> 320 pp. John Long 6s,<br /> <br /> Tue Witt Hanp anv THE Brack. By Bertram Mrr-<br /> ForD. (Cheap Reprint.) 64 x 4}. John Long. 7d. n.<br /> <br /> A GarpEN or Srices. By A. Kerra Fraser. Hodder<br /> &amp; Stoughton.<br /> <br /> Tue WILDERNESS Lovers. By E. R. Punsuon. 72 x 5.<br /> 308 pp. Hodder &amp; Stoughton. 6s.<br /> <br /> Tue Story or Mary Dunne. By M. E. Francis (Mrs.<br /> Francis Blundell). 7} x 5. 312 pp. Murray. 6s.<br /> Waite tHe Music Lasts. By JutiaA Macponaxp.<br /> <br /> 7% x 5. 320 pp. Holden &amp; Hardingham. 6s.<br /> THE ParRapise or Foots, By Derek VANE. 74 X 5.<br /> 320 pp. Everett. 6s.<br /> Ducks anp Drakzs.<br /> 7% x 5. 320 pp.<br /> <br /> By Marie Connor Leicuton.<br /> Ward Lock. 6s.<br /> <br /> THe Human Boy. By Eprmn Puuuports. 64 x 4}.<br /> 183 pp. Methuen. 7d. n.<br /> <br /> A Durr with Cuorus. By A. Conan Doytz. 256 pp.<br /> Hodder &amp; Stoughton. 7d. n.<br /> <br /> THE AUTHOR.<br /> <br /> Tae Norruern Iron.<br /> Everett. 7d. n.<br /> Tae Unworrtny Pacr. By Dorornna Grrarp (Madame<br /> <br /> Longard de Longgarde). 73 x 5. 312 pp. Stanley<br /> Paul. 6s.<br /> <br /> THE TRANSFORMATION oF TimorHy.<br /> 367 pp. Mills &amp; Boon. 6s.<br /> THe Forpineron Twos. By E. Newton Bunaey.<br /> <br /> By G. A. Brrmincuam. 255 pp-<br /> <br /> By T. Cops. 72 x 5.<br /> <br /> 7% X 43. 320 pp. Lynwood. 6s.<br /> A Goppgss or Stonz. By R. W. Wricut Henperson.<br /> 7% x 5. 312 pp. Methuen. 6s.<br /> <br /> Tue Fire Wrrniy. By Parrrcra WENTWORTH.<br /> 275 pp. Melrose. 6s.<br /> AvERNo. By B. Mrrrorp.<br /> <br /> Lock. 6s.<br /> <br /> WINE OF THE LzEES. By J. A. Srevarr.<br /> 347 pp. Hodder &amp; Stoughton. 1s. n.<br /> <br /> Tar Emprror’s CanpLestioks, By Baroness Orczy.<br /> 288 pp.; Brau Brocape. 307 pp. By Baroness<br /> Orczy; Opp Crarr. By W. W. Jacozs. 248 pp.<br /> Hodder &amp; Stoughton. 1s.<br /> <br /> THE GaRDEN or REsuRRECTION.<br /> <br /> 12 Xx 8.<br /> 7% x 5. 311 pp. Ward<br /> 7k x 44.<br /> <br /> By E. Temrie Tuours-<br /> <br /> TON. 74 x 5. 367 pp. (New and Cheaper Edition.)<br /> Chapman &amp; Hall. 2s. n.<br /> <br /> DorornEa. A Story of the Pure in Heart. By Maarten<br /> MaarTens. 573 pp. Constable. 3s. 6d.<br /> <br /> THE Goop Comrapn. By Una L. Smperrap. 367 pp-<br /> Constable. 3s. 6d.<br /> <br /> THe Outcast oF THE Famity.<br /> 63 x 44. 353 pp.;<br /> CHARLES GARVIOR.<br /> Stoughton. 7d.<br /> <br /> Lema aAnp Her Lover. By Max Prmperton.<br /> 310 pp. Ward Lock. 6s.<br /> <br /> THE WINNING OF GWENORA. By Eprra C. Kenyon.<br /> 73 X 5. 320 pp. Holden &amp; Hardingham. 6s.<br /> <br /> Darropi’s Love Arrairs. By Lovisr M. STacrooLe<br /> <br /> By Cuaries GaARvVICE.<br /> Her Hearts Desire. By<br /> 63 x 44. 384 pp. Hodder &amp;<br /> <br /> 12 x 0.<br /> <br /> Kenny. 74 x 5. 320 pp. Holden &amp; Hardingham.<br /> 6s.<br /> <br /> BupsLe anp SquEaK. By Watrer Emanvgn. 7} x 5.<br /> 224 pp. Hutchinson. Is. n.<br /> <br /> Tue Nicut Nursz. Fourth Revised Edition. By the<br /> Author of “THe Sureron’s Log.” 74x 5. 311 pp.<br /> <br /> Chapman &amp; Hall. 6s.<br /> <br /> HISTORY.<br /> <br /> Mexico, THE LAND or Unrest. Being chiefly an account<br /> of what produced the Outbreak in 1910. Together with<br /> the Story of the Revolution down to this day. By H.<br /> BaERLEIN. 9 X 6. 461 pp. Herbert &amp; Daniel. 16s. n.<br /> <br /> SELEcT STATUTES AND OTHER CONSTITUTIONAL DocUMENTS<br /> It.ustRative oF THE Reiens or ELizaBETH AND<br /> James I. Edited by G. W. Prornero, Litt.D.<br /> 72 x 5}. 490 pp. Fourth Edition. Oxford: Claren-<br /> don Press; London: Frowde &amp; Milford. 10s. 6d. n.<br /> <br /> LITERARY.<br /> <br /> Mysticism in EncuisH Lirrrature. By Carorre F, E.<br /> Spurcron. 6} x 43. 168 pp. (Cambridge Manuals<br /> of Science and Literature.) Cambridge University<br /> Press. Ils. n.<br /> <br /> MISCELLANEOUS.<br /> <br /> Tur LecrurE YEAR Book. Vol. I., 1913—14. Edited<br /> by Bast Stewart. 11} x 83. 56 pp. Heath, Cran-<br /> ton and Ouseley. 3s. 6d. n.<br /> <br /> NatuRrE’s MysTEeRIES ; or How TaHErosopHy ILLUMINATES<br /> Tuem. By A. P. Srynerr. 7 x 43. 60 pp. The<br /> <br /> Theosophical Publishing Society. 6d. n.<br /> <br /> <br /> <br /> <br />  <br /> <br /> THE AUTHOR.<br /> <br /> MUSIC.<br /> <br /> CuamBer Music. A Treatise for Students. By T. F.<br /> Dunumu. 83 x 53. 311 pp. Macmillan and Stainer<br /> &amp; Bell. 10s. 6d. n.<br /> <br /> NATURAL HISTORY.<br /> Tae Boptey Heap Natura History. By E. D. Cumine.<br /> Illustrated by F. A. SepHerp. Vol. I., British Birds,<br /> Passeres. 6} x 5}. 120 pp. Lane. 2s. n.<br /> <br /> POETRY.<br /> THe Woorne or A Goppzss. A Tale Re-told, with some<br /> Poetic and Mythological Licence. By B. Burrorp<br /> Rawiines. 64 x 4. 45 pp. Isaac Pitman. 2s. 6d. n.<br /> Sones From Letyster. By W. M. Lurts. 7} x 5.<br /> 114 pp. Smith Elder &amp; Co. 2s. 6d. n.<br /> THe Wes oF Lirs. By Morean Dovetas.<br /> 75 pp. Edinburgh: William J. Hay.<br /> <br /> REPRINTS.<br /> <br /> Tue Vision or Prers tHe Prowman. An English Poem<br /> of the Fourteenth Century. Translated into Modern<br /> Prose, with an Introduction by Karn M. Warren,<br /> Lecturer in English Language and Literature at West-<br /> field College (University of London). 74 x 5. 168 pp.<br /> Arnold. 2s. 6d. n.<br /> <br /> SOCIOLOGY.<br /> <br /> Tse FurtHer Evotution or Man. A Study from<br /> Observed Phenomena. By W. Hatt Catvert, M.D.<br /> 7k x 5. 324 pp. Fifield. 5s. n.<br /> <br /> TECHNOLOGY.<br /> <br /> Printing. A Practical Treatise on the Art of Typography<br /> By C. T. Jacozpr. (Fifth Edition Revised.) 7 x 4%.<br /> 409 pp. Bell. 7s. 6d..<br /> <br /> THEOLOGY.<br /> <br /> Tue Fourrotp Gospret. By E. A. Aspporr. 9 x 54.<br /> 178 pp. Cambridge University Press. 2s. 6d. n.<br /> <br /> TOPOGRAPHY.<br /> <br /> A Hanpzsook or Lancasnrre Prace-Names.<br /> SzpuTon. 8} x 54.<br /> <br /> 74 x 5k.<br /> ls. 6d. n.<br /> <br /> By J.<br /> 256 pp. Liverpool: Young. 6s.<br /> <br /> TRAVEL.<br /> <br /> THrovueH Frxuanp In Carts. By Mrs. Atec TwrEepiE.<br /> 64 x 43. 476 pp. Nelson. ls. n.<br /> <br /> ‘Tue Surczon’s Loa. By J. Jounston ABRAHAM. Seventh<br /> and Cheaper Edition. 7} x 5. 302 pp. Chapman &amp;<br /> Hall. 2s. 6d. n.<br /> <br /> <br /> <br /> = 5<br /> <br /> LITERARY, DRAMATIC, AND MUSICAL<br /> NOTES.<br /> <br /> <br /> <br /> R. G. M. TREVELYAN’S “Life of<br /> John Bright,” is published by Messrs.<br /> Constable &amp; Co. in one volume, price<br /> <br /> 15s. net.<br /> <br /> “University and Historical Addresses,” a<br /> collection of lectures delivered in the United<br /> States by the Rt. Hon. James Bryce, will<br /> Bey be produced by Messrs. Macmillan<br /> <br /> 0.<br /> <br /> The “ Collected Works ”’ of the late Francis<br /> Thompson have appeared in three volumes,<br /> two of poetry and one of prose, with some notes<br /> <br /> <br /> <br /> 287<br /> <br /> by his literary executor, Mr. Wilfrid Meynell.<br /> The volumes are obtainable singly or in sets,<br /> 6s. net each. Messrs. Burns and Oates are the<br /> publishers.<br /> <br /> Mr. B. T. Batsford has issued the first six<br /> volumes of a new series, small in size but<br /> ambitious in scope. They are entitled, collec-<br /> tively, ‘‘ The Fellowship Books,” and aim at<br /> reviving “‘ the elemental things whence springs<br /> all that makes life worth living, the factors<br /> that increase our common enjoyment of nature,<br /> poetry, and art.” The general editor is Mrs.<br /> Arthur Stratton, and the opening contributions<br /> to the series are: ‘‘ Friendship,” by Clifford<br /> Bax; ‘‘ The Joy of the Theatre,”’ by Gilbert<br /> Cannan; ‘‘ Divine Discontent,” by James<br /> Guthrie ; “‘ The Quest of the Ideal,’ by Grace<br /> Rhys; Springtime,’ by C. J. Tait; and<br /> ‘“The Country,” by Edward Thomas.<br /> <br /> In “The Philosophy of Faith” (Messrs.<br /> Longmans, Green &amp; Co., 3s. 6d. net), Mr.<br /> Bertram Brewster defends belief against the<br /> rationalists and scientists, discussing such<br /> conceptions as Truth, Virtue, Freedom, Beauty<br /> ete., up to the Highest Good. To him the<br /> inevitability of the new birth, or entry of the<br /> divine life into the soul, is ‘‘ the true hope of<br /> man : the only hope remaining to him, possibly<br /> in the long run.”<br /> <br /> Miss Ethel Colburn Mayne is bringing out in<br /> the autumn, through Messrs. Chatto &amp; Windus,<br /> a book on the female characters in Browning’s<br /> works.<br /> <br /> ‘* The English Poems of John Milton,’ from<br /> the edition of the Very Rey. H. C. Beeching,<br /> D.D., has been published by the Oxford Uni-<br /> versity Press in the World’s Classics Pocket<br /> Edition, 1s. net.<br /> <br /> Miss Kate M. Warren’s translation into<br /> modern prose of ‘‘ The Vision of Piers Plow-<br /> man,’’ with an introduction from her pen, has<br /> been republished by Mr. Edward Arnold. The<br /> text has been entirely revised since the two<br /> earlier editions of 1895 and 1899, and the<br /> annotations have also been revised and added<br /> to.<br /> <br /> Mr. W. Pett Ridge’s collection of short<br /> stories, “‘ Mixed Grill,’ has been issued by<br /> Messrs. Hodder &amp; Stoughton at 38s. 6d.<br /> <br /> Miss M. P. Willcocks is publishing her new<br /> novel, “‘ The Power Behind,” in England with<br /> Messrs. Hutchinson, and in America with the<br /> Maemillan Co. By a curious chance, the first<br /> two titles selected, ‘‘ Fortune’s Fool” and<br /> “The Mouse Trap,’’ were found to have been<br /> already used. The book is said to be in many<br /> ways a return to the style of ‘“‘ The Wingless<br /> Victory.”<br /> <br /> <br />  <br /> <br /> 288<br /> <br /> Mrs. Francis Channon’s new book, ‘ Miss<br /> King’s Profession,” will be published by<br /> Messrs. Mills &amp; Boon early this month. It<br /> deals with the early experiences of a young<br /> author.<br /> <br /> Messrs. John Long, Ltd., will shortly publish<br /> a new novel entitled ‘‘ His American Wife,”’<br /> by George Henry Jessop, author of “ Judge<br /> Lynch,” ete. The subject of this story is a<br /> serious misunderstanding between husband<br /> and wife, arising out of the question how much<br /> of his time a public man can afford to devote<br /> to his wife.<br /> <br /> The same publishers have brought out, at<br /> the price of 3s. 6d., ‘‘ Wanderings and Wooings<br /> East of Suez,” a novel descriptive of a tour<br /> round the world, by Miss Ethel Boverton Red-<br /> wood.<br /> <br /> Messrs. Holden and Hardingham are the<br /> publishers of two new novels—* The Winning<br /> of Gwenora,”’ by Miss Edith C. Kenyon, author<br /> of “ The Wooing of Mifanwy ”; and ‘“‘ While<br /> the Music Lasts,” by Miss Julia MacDonald.<br /> <br /> Another historical romance from the pen of<br /> Miss May Wynne is announced by Messrs.<br /> Stanley Paul &amp; Co. The scene is laid at the<br /> time of the French Revolution, during the<br /> siege of Carpentras by the followers of an<br /> Irishman named Patri, who band themselves<br /> together as the “‘ Brave Brigands ”—a _nick-<br /> name which gives the story its title.<br /> <br /> The same firm announces a new story by<br /> Miss Dolf Wyllarde, to be published during the<br /> holiday season. The book deals with the<br /> problem of a wife’s duty to her husband when<br /> he is serving his country in climates which<br /> would be disastrous to her health and to that<br /> of her baby. The title of the story is “ Youth<br /> Will be Served.”<br /> <br /> Miss Arabella Kenealy’s “‘ The Irresistible<br /> Mrs. Ferrers,’’ will be re-issued by Messrs.<br /> Stanley Paul &amp; Co., its original publishers, in<br /> their 2s. net library. They announce also a<br /> 2s. edition of “The Unholy Estate,” by<br /> Mr. Douglas Sladen, whose latest novel,<br /> “The Curse of the Nile,” is now in its fourth<br /> edition.<br /> <br /> Immediately after her husband’s death<br /> fifteen years ago, Mrs. Alec-Tweedie went off<br /> to Finland and wrote a book, “ Through Fin-<br /> land in Carts,” which was her first professional<br /> venture. She has now brought this thoroughly<br /> up to date, adding a new political appendix on<br /> present-day events in Finland and the position<br /> of women there both in and out of polities.<br /> Messrs. Thomas Nelson &amp; Co. publish the new<br /> edition at 1s. ‘‘ Thirteen Years of a Busy<br /> Woman’s Life,” by the same author, which<br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> appeared in October last, is now going into ¢o)u<br /> fifth edition.<br /> <br /> A fifth (revised) edition has just appeared of bow<br /> “Printing: a Treatise on the Art of Typo qyt<br /> graphy,” by Mr. Chas. T. Jacobi, of thea %&amp;<br /> Chiswick Press. It is published by Messrs, G@) =<br /> Bell &amp; Sons, at 7s. 6d.<br /> <br /> Mr. Humphrey Jordan, author of “ Theil?”<br /> Joyous Wayfarer,” has published a newoa<br /> romance, ‘‘ Patchwork Comedy.” In this, asi .4i<br /> in its predecessor, there are many vivid scenes, 91&gt;<br /> which take place in France, where the author ii<br /> lived the life of a student for several years, and as ~<br /> where he has spent much of his time wandering)!<br /> about with a knapsack. Mr. Jordan also.<br /> occupied the position of schoolmaster in Franee 37<br /> and has been a lecturer in a provincial French.<br /> university. Messrs. Putnams publish ‘“‘ Pateh- dois’<br /> work Comedy” here, and American and ins<br /> Australian editions have also appeared.<br /> <br /> The author who writes under the name of 5 »!<br /> “Sursum Corda” has published, through fue<br /> Messrs. McCorquodale &amp; Co., a pamphlet sic<br /> entitled ‘‘ Broken Empires of the Past : Shall [ed@<br /> Britain Join Them?” being six lectures 917<br /> primarily intended for village use, for which bir<br /> lantern pictures can be supplied. The price of 0 ©<br /> the pamphlet is 6d. (7d. post free).<br /> <br /> “A Trip on a Trader, or Holidays Afloat ? © 46:<br /> is the title of a book, by Mr. Herbert W. Smith, Asis<br /> shortly to be published by Messrs. Madgwick, Jor<br /> Houlston &amp; Co. The narrative opens with a 4 4<br /> schoolboy’s departure from Liverpool on board 91<br /> a Spanish cargo-boat, and ends with his return 171<br /> to London on an English steamer, having 96<br /> visited Carril, Ferrol, Vigo, Corunna, Cadiz,<br /> Lisbon, Malaga and Gibraltar. Many _ inei-<br /> dents enliven the journey, and the places #9»<br /> called at are fully described.<br /> <br /> Mr. F. Walcott Stoddard’s ‘‘ Tramps through #<br /> Tyrol” has recently appeared in a second §<br /> edition. The author is now engaged in writing =<br /> a book on Sweden.<br /> <br /> A volume of poems, “‘ The Web of Life,” by 44<br /> Morgan Douglas, has been published by the ©!<br /> firm of William J. Hay, John Knox’s Houses, ©?<br /> Edinburgh.<br /> <br /> An article by Mr. Gilbert Coleridge on 10<br /> London beggars appeared in the June ©<br /> number of the Cornhill. Its title is ‘“* The<br /> Little Brother of the Pavement.”<br /> <br /> We have received from the Authentic Infor-<br /> mation Agency, of Chancery Lane, the first 1<br /> number of a ‘‘ Weekly Index of Publications”<br /> (other than works of fiction), which the agency<br /> is issuing for the use of its clients. It is not 4?<br /> critical, but aims at clearly indicating the scope<br /> and contents of each work mentioned. Sub- -¢<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />  <br /> <br /> <br /> <br /> THE AUTHOR. 289<br /> <br /> jects and authors are classified alphabetically<br /> at the end. The price is 2d. a number, or 5s. a<br /> year, post free.<br /> <br /> &quot; Mr. J. Arthur Hill has an article in The<br /> World’s Work for June, entitled “ The Truth<br /> about Hypnotism.”<br /> <br /> “4 Turkish Woman’s European Impres-<br /> sions,’ with a Preface, is the title of a work<br /> published by Messrs. Seeley, Service &amp; Co. In<br /> this work Miss Jane Ellison has published<br /> letters written to her, providing an insight into<br /> the mind of the Eastern woman. The letters<br /> express the feelings of the woman of the Kast,<br /> in her secluded environment, and confronted<br /> with all those paradoxes called civilisation.<br /> They show how one of these women, wearying<br /> of the restraints imposed upon her, drifted into<br /> alien cities, only to realise that the life of<br /> London and Paris was unsuitable for one<br /> brought up as she had been.<br /> <br /> Mr. Morgan Douglas has issued through<br /> William J. Hay, of Edinburgh, a volume of<br /> lyrics and poems. The title of the volume is<br /> * The Web of Life,” and it contains thirty-five<br /> lyries and short poems.<br /> <br /> Mrs. Florence L. Barclay’s publishers, G. P.<br /> Putnam’s Sons, will publish in September a<br /> new long six-shilling novel by Mrs. Barclay,<br /> entitled ‘“‘ The Broken Halo.”<br /> <br /> We are glad to notice the attendances of<br /> Mr. Hall Caine, with other authors, at the<br /> dinner of the Associated Booksellers of Great<br /> Britain and Ireland, held last month. The<br /> dinner was held too late to enable us to deal<br /> with the various interesting questions covered<br /> by Mr. Hall Caine in his speech, proposing the<br /> toast of the Booksellers’ Association. Among<br /> the topics he mentioned, we notice the question<br /> of “the cheap reprint,” ‘the relations between<br /> authors and booksellers,” and the conditions<br /> of the bookselling trade generally. We notice<br /> that his speech has stirred Mr. Murray to write<br /> in reply, but Mr. Hall Caine has decidedly the<br /> best of the argument.<br /> <br /> DRAMATIC.<br /> <br /> Sir Arthur Pinero’s ‘“‘The Second Mrs.<br /> Tanqueray ” has been revived at the St.<br /> James’s Theatre, with Sir George Alexander<br /> and Mrs. Patrick Campbell in their original<br /> parts. Mr. Bernard Shaw’s ‘‘ Androcles and<br /> the Lion ”’ is announced for production at this<br /> theatre on September 2.<br /> <br /> At the Apollo Theatre, on June 17, “ The<br /> Perfect Cure,’ a new three-act comedy by Mr.<br /> Stanley Houghton, was produced by Mr.<br /> charles Hawtrey.<br /> <br /> Mr. C. Haddon Chambers has adapted the<br /> novel “ Tante ” for the stage, and is in negotia-<br /> tion for a London production. The American<br /> rights have been secured by Mr. Frohmann.<br /> <br /> Mr. Justin Huntly McCarthy’s “ If I were<br /> King ” was revived at the Coronet Theatre on<br /> June 23.<br /> <br /> On June 8 and 9, Miss Ella Erskine gave at<br /> Cosmopolis, 201, High Holborn, two special<br /> performances of an entirely new version of<br /> *¢ Adrienne Lecouvreur,” freely adapted from<br /> the French by Mr. Cecil Howard-Turner. Miss<br /> Erskine herself undertook the title rdle.<br /> <br /> A new play by Mrs. Florence Eaton, author<br /> of “ The Triumph,” was recently produced at<br /> the Abbey Theatre, Dublin, under the title of<br /> “ Playing with Fire.”<br /> <br /> Mr. Herman Scheffauer’s play, “ The New<br /> Shylock,”’ has been accepted for publication<br /> and production in Germany—perhaps the first<br /> instance of the acceptance of an English or<br /> American playwright’s work in Germany prior<br /> to its production in his own country. The<br /> translation has been made by Herr L. Leon-<br /> hard, Mr. John Galsworthy’s translator.<br /> <br /> Mrs. Irene Osgood’s drama, ‘‘ Une Aventure<br /> du Capitaine Lebrun,” has been published in<br /> book form in Paris.<br /> <br /> MUSICAL.<br /> <br /> Mr. Frazer Gange sang at the Bechstein<br /> Hall on June 9, “‘ From a Distance” (Heimweh),<br /> words from the Japanese, music by Mr. G.<br /> Jerrard Wilkinson. The song has been pub-<br /> lished by Messrs. Stainer &amp; Bell.<br /> <br /> <br /> <br /> &gt;<br /> <br /> PARIS NOTES.<br /> <br /> &lt;9<br /> <br /> &lt; A MARCHANDE de Petits Pains pour les<br /> 1, Canards,’’is the title of René Boylesve’s<br /> latest book. It is a collection of short<br /> <br /> stories, each one of which is a masterpiece of<br /> psychological study. The woman who gets her<br /> living by selling bread for the ducks in the Bois<br /> de Boulogne is as simple and naive as Anatole<br /> France’s Crainquebille. She and her family<br /> are provincials, and their ideas as to the utility<br /> and all-powerfulness of members of Parliament<br /> are most amusing. The story of ‘* Mesdames<br /> Desblauze,”’is told with great skill and delicacy.<br /> The author is a past master in these provincial<br /> stories. He gives us a picture of Poitiers and<br /> of some of its inhabitants. We see the immense<br /> importance of the most trifling events, we hear<br /> <br /> <br />  <br /> <br /> <br /> <br /> 290<br /> <br /> the gossip of the town, and we have an example<br /> of the simple heroism of two women who<br /> sacrifice their material well-being to their<br /> religious principles. It is one of the many<br /> hundreds of humble romances lived every day,<br /> romances which would pass unnoticed by all<br /> novelists not gifted with the rare observation<br /> and psychological insight of René Boylesve.<br /> The story entitled “ Les Quinqueton,”’ is one<br /> of the longest in the volume, another of the<br /> delightful provincial pictures, with the values,<br /> colouring, and atmosphere peculiar to this<br /> artist.<br /> <br /> Jean Bertheroy is singularly fortunate in<br /> giving us the atmosphere and local colour<br /> needed in_her old-world books. In “ Les<br /> Tablettes d’Erinna d’Agrigente,” we go back<br /> to the Sicily of the second century. Erinna is<br /> married to Isée and they have two children, a<br /> boy and a girl. Sicily is under the Roman<br /> yoke, and Erinna, in her diary, or tablettes,<br /> gives us an account of the daily life of herself<br /> and her household. The plot of the story is<br /> remarkably like that of “‘ The Guarded Flame,”<br /> with the exception that, in this case, the hus-<br /> band’s forbearance is no doubt actuated by the<br /> consciousness of his own delinquencies. Erinna<br /> has married a man nearly old enough to be her<br /> father. They are, nevertheless, very happy in<br /> a peaceful, quiet way. The young wife’s<br /> troubles begin when her husband engages a<br /> Roman steward. The great charm of the book<br /> is in the simplicity of its style. Erinna takes<br /> us back to the days of Marcus Aurelius. She<br /> shows us Sicily and the life of its people. She<br /> tells us of the beliefs and the various rites and<br /> ceremonies of her compatriots. There is a<br /> poetry in the everyday life of the little family<br /> which is most touching. The story is a modern<br /> one transplanted into the old world and made<br /> more picturesque by its setting.<br /> <br /> “Témoins de Jours Passés,’” by Etienne<br /> Lamy, is the second volume of this series. The<br /> book is divided into three parts. In the first,<br /> the author gives us a study of Nicolas Bergasse,<br /> un Négateur de la Souveraineté populaire.<br /> Nicolas Bergasse was an advocate, and a<br /> member of the Paris Parliament, who lived<br /> through the stormy period between 1750 and<br /> 1832. The second part of the book is devoted<br /> to the psychology of a man with revolutionary<br /> ideas, ‘‘ Le Conventionnel, André Dumont,”<br /> and the third to “La Renaissance de l’Etat<br /> Bulgare.”” The last study appeared first in<br /> Le Correspondant, so that some of the events<br /> foretold have now become accomplished facts.<br /> Many interesting historical facts are to be<br /> arnt from this chapter.<br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> “* L’Autre Miracle,”’ by Aimée Blech, is a<br /> clever psychological study. The story turns<br /> on the difficulties which ‘arise in a marriage<br /> between a woman who is staunch to her<br /> religion and a man who is an idealist, but<br /> who professes no religion at all. It is an<br /> essentially modern novel, showing us various<br /> types of so-called religious people. Amon<br /> the types chosen, we have an absolutely sin-<br /> cere Protestant, a Catholic, and a Theosophist.<br /> We then have certain professedly extreme<br /> Catholics, whose religion is in name only. As<br /> we so frequently see in real life, it is the man<br /> with no religious creed, whose life appears to<br /> be the finest and whose principles and ideas<br /> are carried out in every detail of his every-day<br /> life, whilst the lives of many of the so-called<br /> religious people are absolutely contemptible.<br /> From this book, we have a clear idea of the<br /> aims and doctrine of Theosophy. We see its<br /> wide outlook when one of its disciples explains<br /> to the rigid Catholic the unity of religions. The<br /> story itself is well told, and all the characters<br /> are living.<br /> <br /> The theatres are beginning to close for the<br /> summer. The Odéon, the Gymnase, the<br /> Bouffes Parisiens, the Comédie Royale, the<br /> Capucines and the ThéAtre des Arts have all<br /> closed their doors already. A play entitled,<br /> “Vouloir,” by M. Gustave Guiches, is extremely<br /> modern and curious. The theme which the<br /> author has chosen is that of will-power, but<br /> the doctor who preaches it is not able to<br /> practise it when his own inclinations are con-<br /> cerned. The Théatre Réjane is now giving<br /> ““Le Divorce de Mlle. Beulemans,”? and the<br /> Renaissance, ‘‘ Le Minaret.”’<br /> <br /> At the Salle Villiers we have had three<br /> excellent performances by Mr. Cecil J. Sharp’s<br /> English Folk Dance Society. The picturesque<br /> Morris and Sword Dances were quite a<br /> revelation to the French public, and the<br /> audience each time was most appreciative and<br /> enthusiastic. These performances, in Paris,<br /> were organised by Mr. Philip Carr, and on all<br /> sides we hear regrets that the Society is not<br /> staying longer. The dancing was perfect and<br /> the folk-songs charming. It was a revelation,<br /> not only to the French public, but to the<br /> English and American colonies in Paris, so<br /> that Mr. Sharp’s Society may count on an<br /> enthusiastic reception on its next visit to Paris.<br /> M. Tiersot, the well-known Librarian of the<br /> Conservatoire, introduced the English Company<br /> to the French public, and Yvette Guilbert gave<br /> the members a cordial welcome for their second<br /> matinée.<br /> <br /> M. Camille de Sainte-Croix, the Director of<br /> <br /> <br />  <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> the French Shakespeare Company, is most<br /> - anxious to have an outdoor representation of<br /> the dances, during his season in the Saint-<br /> Cloud woods. M. de Sainte-Croix is inde-<br /> fatigable, and promises us a series of Shake-<br /> speare plays from June to October or November<br /> on Sundays and Thursdays. It is also sug-<br /> gested that the French Shakespeare Company<br /> should give a series of performances in England<br /> during the season. It would be interesting to<br /> see the same play given in English and F rench,<br /> on consecutive nights.<br /> Axtys HALLARD.<br /> <br /> <br /> <br /> ‘La Marchande de Petits Pains pour les Canards,’<br /> (Calmann- Lévy.)<br /> <br /> “Les Tablettes<br /> Lévy.)<br /> <br /> « Pémoins de Jours Passés.” (Calinann-Lévy.)<br /> <br /> “TAutre Miracle.” (Perrin.)<br /> <br /> @’Erinna d’Agrigente.” (Calmann-<br /> t<br /> <br /> ——_____. + —__—_<br /> <br /> A SAD AGREEMENT.<br /> <br /> —+- +<br /> <br /> HE attention of the members of the<br /> Society of Authors may well be called<br /> to the following agreement :—<br /> <br /> Memoraxpum or AGREEMENT thade this sixth day of<br /> March, 1911, between —— (hereinafter termed the author)<br /> of the one part, and Joun Lanz, of the Bodley Head,<br /> London (hereinafter termed the Publisher) of the other<br /> part. Whereby it is mutually agreed between the parties<br /> hereto, for themselves and their respective executors,<br /> administrators and assigns (or successors as the case may<br /> be) as follows :—<br /> <br /> 1. The Publisher shall at his own risk and expense, and<br /> with due diligence, produce and publish the work at present<br /> intituled by and use his best endeavours to sell<br /> the same.<br /> <br /> 2. The Author guarantees to the Publisher that the said<br /> work is in no way whatever a violation of any existing<br /> copyright, and that it contains nothing of a libellous or<br /> scandalous character, and that he will indemnify the<br /> Publisher from all suits, claims and proceedings, damages<br /> and costs which may be made, taken, or incurred by or<br /> against him on the ground that the work is an infringement<br /> of copyright, or contains anything libellous or scandalous.<br /> <br /> 3. ‘The Publisher shall during the legal term of copyright<br /> have the exclusive right of producing and publishing the<br /> work in the United Kingdom, the Colonies, India and in<br /> the United States of America. The Publisher shall have<br /> the entire control of the publication and sale and terms of<br /> sale of the book, and the Author shall not during the<br /> continuance of this Agreement (without the consent of the<br /> Publisher) publish or allow to be published any abridge-<br /> ment, portion, translation, or dramatized version of the<br /> work.<br /> <br /> 4. The Publisher agrees to pay the Author the following<br /> royalties, that is to say :—<br /> <br /> (a) A royalty of ten per cent. (10%) on the published<br /> price of all copies sold (13 being reckoned as 12) of the<br /> British and American Edition jointly beyond 2,000<br /> copies.<br /> <br /> (b) In the event of the Publisher disposing of copies<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 291<br /> <br /> or editions at a reduced rate for sale in the Colonies, or<br /> <br /> elsewhere, or a8 remainders, a royalty of ten per cent.<br /> <br /> of the amount realised by such sale.<br /> <br /> (c) In the event of the Publisher realising profits<br /> from the sale of serial, Continental or other rights, or<br /> from claims for infringement of copyright, a royalty of<br /> fifty per cent. of the net amount of such profits remaining<br /> after deducting all expenses relating thereto.<br /> <br /> (d) No royalties shall be paid on any copies given<br /> away for review or other purposes.<br /> <br /> (e) The Author shall be entitled to six gratuitous<br /> copies, and any further copies required at trade price.<br /> <br /> (f) In the event of the Publisher deciding to re-issue<br /> this work in a cheaper form, the royalties payable to<br /> the Author upon such copies shall be the same as upon<br /> the English and American editions as hereinbefore<br /> stated, provided such do not exceed ten per cent. of<br /> the published price, which shall be the maximum, upon<br /> all copies sold (13 being reckoned as 12).<br /> <br /> 5. The Author agrees to revise the first, and if necessary<br /> to edit and revise every subsequent edition of the work,<br /> and from time to time to supply any new matter that may<br /> be needful to keep the work up to date.<br /> <br /> 6. The Author agrees that all costs of Author’s correc-<br /> tions and alterations in the proof sheets exceeding 20 per<br /> cent. of the cost of the composition shall be paid for by<br /> him.<br /> <br /> 7. In the event of the Author neglecting to revise an<br /> edition after due notice shall have been given to him, or<br /> in the event of the Author being unable to do so by reason<br /> of death, or otherwise, the expense of revising and prepar-<br /> ing each sueh future edition for press shall be borne by<br /> the Author, and shall be deducted from the royalties<br /> payable to him.<br /> <br /> 8. During the continuance of this agreement, the copy-<br /> right of the work shall be vested in the Author, who may<br /> be registered as the proprietor thereof accordingly.<br /> <br /> 9. The Publisher shall make up the account annually<br /> to December the thirty-first and deliver the same to the<br /> Author within three months thereafter, and pay the balance<br /> due to the Author on the same date.<br /> <br /> 10. If the Publisher shall at the end of three years from<br /> the date of publication, or at any time thereafter, give<br /> notice to the Author that, in his opinion, the demand for<br /> the work has ceased, or if the Publisher shall for six<br /> months after the work is out of print, decline, or, after due<br /> notice, neglect to publish a new edition, then and in either<br /> of such cases this Agreement shall terminate, and, on the<br /> determination of this Agreement in the above or any other<br /> manner, the right to print and publish the work shall<br /> revert to the Author, and the Author, if not then regis-<br /> tered, shall be entitled to be registered as the proprietor<br /> thereof, and to purchase from the Publisher forthwith<br /> the plates and moulds and blocks or plates of illustrations ,<br /> (if any) produced specially for the work, at half-cost of<br /> production and whatever copies the Publisher may have<br /> on hand at cost of production, and if the Author does not<br /> within three months purchase and pay for the said plates<br /> or moulds, blocks or plates of illustrations, and copies, the<br /> Publisher may at any time hereafter dispose of such plates<br /> or moulds, blocks or plates of illustrations and copies, or<br /> melt the plates, paying to the Author in lieu of royalties ten<br /> per cent. of the net proceeds of such sale, unless the<br /> Publisher can prove from his books that the publication<br /> has resulted in a loss to him, in which case he shall be<br /> liable for no such payment.<br /> <br /> 11. If any difference shall arise between the Author and<br /> the Publisher touching the meaning of this Agreement, or<br /> the rights or liabilities of the parties thereunder, the same<br /> shall be referred to the arbitration of two persons (one to<br /> be named by each party) or their umpire, in accordance<br /> with the provisions of the Arbitration Act, 1889.<br /> <br /> <br />  <br /> <br /> 292<br /> <br /> 12. The term ‘“ Publisher ”’ throughout this Agreement<br /> shall be deemed to include the person or persons or Com-<br /> pany for the time being carrying on the business of the<br /> said John Lane, under as well its present as any future<br /> style, and the benefit of this Agreement shall be trans-<br /> missible accordingly.<br /> <br /> 13. The Author agrees to give the Publisher the offe<br /> of his next three books on the following terms :— :<br /> <br /> (a) On the British edition of his first book a royalty<br /> of ten per cent. (10%) on the published price of<br /> the first fifteen hundred (1,500) copies sold, and<br /> once per cent. (15%) on all subsequent copies<br /> sold.<br /> <br /> (b) On the British edition of his second book a<br /> royalty of twelve-and-a-half per cent. (124%) on<br /> the published price of the first fifteen hundred<br /> (1,500) copies sold, and fifteen per cent. (159%) on<br /> all subsequent copies sold.<br /> <br /> (c) On the British edition of his third book a royalty<br /> <br /> of fifteen per cent. (15%) on the published price ©<br /> <br /> of the first two thousand five hundred (2,500)<br /> copies sold and twenty per cent. (20%) on all<br /> subsequent copies sold.<br /> <br /> 14. If the Publisher be successful in arranging for any<br /> one or all of the above books (clause 13 (a), (b), (c) ) to be<br /> published in the United States of America, he agrees to<br /> pay to the Author a royalty of ten per cent. (10%) on the<br /> published price of the first five thousand (5,000) copies<br /> sold, and fifteen per cent. (15%) on all subsequent copies<br /> sold in each instance.<br /> <br /> 15. It is understood that 13 copies be reckoned as 12<br /> throughout this Agreement in accordance with the custom<br /> of the trade.<br /> <br /> As witness the hands of the parties.<br /> <br /> On the first and second clauses, no special<br /> remark need be made. It must be noted,<br /> however, that the words in clause 1 “ with due<br /> diligence,” as regards the date on which the<br /> book shall be published, do not, with sufficient<br /> accuracy, determine the point. The author’s<br /> interpretation may be very different from the<br /> publisher’s. In the interest of the author, to<br /> whom the date of publication may be of great<br /> importance, the date should be more definitely<br /> fixed by such words as “ on or before the<br /> day of , time to be of the essence of the<br /> contract.”” Clause 2 gives the publisher too<br /> much freedom. The author should have a<br /> certain amount of control over the costs which<br /> may be incurred by the publishers ; but as a<br /> tule in the case of an ordinary novel, it is not<br /> <br /> very likely that a claim for the infringement |<br /> Therefore, |<br /> <br /> of copyright would be brought.<br /> although from the legal point of view it is<br /> reasonable that the author should protect<br /> himself, yet, if he feels certain that his position<br /> is clear, he may sign the clause.<br /> <br /> Of course if he is to pay all costs of any libel<br /> action he will decide if such should be defended,<br /> the terms of any apology, and the conduct of<br /> the case.<br /> <br /> Clause 3 is a very important clause, and in it<br /> the author is giving to the publisher rights far<br /> beyond those the publisher should hold, especi-<br /> <br /> THE AUTHOR.<br /> <br /> ally when it is taken into consideration that<br /> in clause 4 the author is not to be paid a<br /> royalty until after the sale of 2,000 copies of<br /> the British and American editions. The<br /> publisher, in clause 8, should certainly be<br /> limited to publication in book form and to<br /> publication in the English language, and to<br /> publication at a fixed price or prices, and in<br /> fixed format or formats. It is advisable also,<br /> as a general rule, for an author to make an<br /> attempt to secure the American copyright for<br /> himself, but if he neglects or has failed to do this<br /> then the publisher should have the right to<br /> sellin sheets to the United States on proper<br /> terms. The other essential limitations as to<br /> the number of editions that the publisher<br /> should be allowed to publish, and as to the<br /> number of years during which the publisher<br /> should hold his licence have been explained<br /> at length in other numbers of The Author.<br /> <br /> Clause 4 deals with the payment of royalties.<br /> The author is entitled (a) to 10 per cent. after<br /> the number of 2,000 copies of the English and<br /> American editions have been sold. This method<br /> of payment by a deferred royalty is very<br /> dangerous for the author. Indeed, examples<br /> have been brought to the notice of the Society<br /> in which a publisher has printed only the fixed<br /> number of copies 6n which the author is not<br /> entitled to a royalty, and has then broken up<br /> the type so that it was impossible for the author<br /> ever to obtain a return from the sale of his<br /> book. This we are glad to say has not been<br /> the case under the present agreement, as the<br /> publisher produced at the first printing nearly<br /> 5,000 copies, and was certainly justified in<br /> doing so by the sales. Yet so far as the<br /> English and American editions are concerned,<br /> the author has not received a penny in<br /> royalties.<br /> <br /> That the author should, after the sale of<br /> 2,000 copies of the English and American<br /> editions, only receive 10 per cent. is wholly<br /> unfair. If, in his ignorance or folly, he allows<br /> such a large number to be sold free of royalty,<br /> the publisher will by the time that number has<br /> been reached, not only have got back his<br /> original outlay, but will also have made a<br /> good profit on the money invested. What<br /> stimulus is there to push the book further ?<br /> But if the book does sell further, then the<br /> author should be entitled at the very lowest<br /> to 80 per cent. of the published price on the<br /> next 2,000 copies and a substantial royalty<br /> after 4,000 have been disposed of. One method<br /> by which the author can protect himself, if he<br /> is foolish enough to join in this deferred royalty<br /> system, is to insist on the publisher producing<br /> <br /> <br /> <br /> <br />  <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> a fixed number of copies considerably in excess<br /> _ of the number on which he is to receive no<br /> return, and to insist also on a clause in the<br /> agreement by which the publisher undertakes<br /> to advertise up to a fixed sum, and to vouch<br /> his advertisements. It is generally with the<br /> pait of wide advertising that the publisher<br /> tempts the author into the deferred royalty<br /> agreement.<br /> <br /> The next paragraph (b) in the same clause is<br /> entirely unsatisfactory. It is a matter of<br /> common knowledge that copies are sold to<br /> the colonies generally in sheets at a reduced<br /> rate, and on these copies, 3d, 4d., or even 5d.<br /> a copy is paid to the author. The sheets<br /> realise about 1s. or perhaps a little less. H<br /> they realise 1s. a sheet then 3d. a copy would<br /> be 25 per cent. If they realise 10d. a<br /> sheet then 3d. a copy would be about<br /> 30 per cent., so that when the publisher<br /> offers 10 per cent. on the amount<br /> realised he is offering a very low royalty<br /> indeed; even if the copies are sold cheaply<br /> bound in a special colonial edition, 10 per cent.<br /> is an exceedingly low royalty, but in no<br /> circumstances should the publisher be allowed<br /> to sell ‘elsewhere’? or ‘as remainders ”<br /> without some further limitations. He cer-<br /> tainly should not be allowed to sell the book<br /> as ‘remainders ” within three years from the<br /> date of publication, and the author should<br /> have the option of purchase at remainder<br /> prices.<br /> <br /> The next paragraph (c) is also greatly to the<br /> detriment of the author. The publisher should<br /> have no power to sell the rights mentioned<br /> without reference to the author, and in no<br /> _cireumstances should he be allowed to take as<br /> much as 50 per cent. for work that an agent<br /> would do for 10 per cent. If the author<br /> is willing to employ the publisher as his agent<br /> for the sale of these rights, then the clause<br /> should run somewhat on the following lines :—<br /> “Tf through the agency of the publisher any<br /> &#039; of the minor rights are sold, under an agreement<br /> signed and approved by the author, then, and<br /> in that case the author agrees to pay to the<br /> publisher 10 per cent. as agency charges on<br /> the amount due under the contract as and when<br /> received.” As the author’ should give to the<br /> publisher only the right of publication in<br /> book form, the question of the right of the<br /> publisher to sue for infringement of copyright<br /> will not rise, but the author should have the<br /> power in his own hands to take what action he<br /> thinks fit, though it is not unreasonable,<br /> should he be unwilling to take action, that some<br /> arrangement should be made by which the<br /> <br /> <br /> <br /> 293<br /> <br /> publisher could take up the matter himself in<br /> order to protect his rights acquired under the<br /> contract.<br /> <br /> With regard to the next two paragraphs<br /> (d) and (e) a great deal could be written, but<br /> paragraph (f) is much more impoctant. The<br /> publisher of a work in 6s. form should not<br /> necessarily have the right to publish in a cheap<br /> edition at all unless he is a recognised publisher<br /> of booksinthat form. But if he has the right,<br /> then he should be limited in various ways. It<br /> should be clearly stated that he should not be<br /> allowed to publish in cheap edition within<br /> three years from the date of publication of the<br /> original without the sanction of the author.<br /> He should be bound to exercise the option<br /> within a certain time, say, four years in all.<br /> If he has not exercised his option, then his<br /> right of publication in cheap form should<br /> lapse, and should revert to the author. It<br /> is best, however for the author, whenever<br /> it is possible, to reserve the right of cheap<br /> publication, and only grant a licence to publish<br /> at a fixed price. Then again, it is a matter<br /> of great importance that the author should<br /> have a veto on the form in which the cheap<br /> edition will be published, for many authors<br /> dislike the more permanent form of cheap<br /> editions at 1s. or 7d., but are quite willing to<br /> allow their books to be produced at 6d. Again,<br /> some question has arisen about the extent to<br /> which a publisher may advertise in a 6d.<br /> edition. If the author has any special objec-<br /> tion to advertisements, he should guard<br /> against these in the agreement. To sum up<br /> on these two paragraphs, an author should<br /> bind the publisher to exercise his option of<br /> publication of the cheap edition within a<br /> certain time, and further should limit the<br /> publisher as to the form in which, and the<br /> price at which, the cheap edition should be<br /> produced. This is of increasing importance<br /> owing to the popular demand for cheap<br /> editions.<br /> <br /> Clause 5 is merely a case of careless drafting<br /> on the part of the publisher. The clause does<br /> not really refer to a novel, but as it happened<br /> to be in the agreement, the publisher never<br /> thought of taking it out.<br /> <br /> In clause 6 the amount that is allowed for<br /> corrections is not very liberal. Most pub-<br /> lishers will allow 25 per cent. of the cost of<br /> composition, and some publishers even more.<br /> <br /> Clause 7, again, like clause 5, has practically<br /> no reference to a novel.<br /> <br /> Clause 8 is superfluous and ill-informed.<br /> If the author only gives the publisher the<br /> exclusive right of printing and publishing<br /> <br /> <br />  <br /> <br /> 294<br /> <br /> <br /> <br /> in certain countries, he is not thereby<br /> transferring the copyright, so that no special<br /> clause is necessary to point this out, and under<br /> the Copyright Act of 1911, all registration has<br /> been done away with.<br /> <br /> Clause 9 is unsatisfactory. A publisher<br /> ought to render accounts biennially, at any<br /> rate during the first two or three years from<br /> the date of the agreement while the book is<br /> selling freely.<br /> <br /> Clause 10, although it is a clause which has<br /> been approved by the Publishers’ Association,<br /> is drafted very indefinitely, and anything that<br /> tends to indefiniteness in a legal document is<br /> to be regretted. This remark refers to the<br /> words ‘‘if the publishers shall for six months<br /> after the work is out of print, decline, or, after<br /> due notice, neglect to publish a new edition.”<br /> To begin with six months is much too long,<br /> for if the publisher thinks there is any<br /> money to be made, he will not want to delay<br /> publication for as long as six months, whereas,<br /> if the author wants to reissue the book,<br /> he ought to get control long before six months<br /> have expired. While the term set out does<br /> not benefit the publisher, it is of considerable<br /> inconvenience to the author. Then the words<br /> “decline or after due notice neglect ” might<br /> lead to much difficulty, for the publisher might<br /> not directly decline to republish and might<br /> keep the author dragging on for a considerable<br /> period beyond six months ; and in thesame way<br /> he might not directly neglect to republish, or<br /> if he did it might be very difficult for the author<br /> <br /> to ascertain whether he had been neglectful. It /<br /> <br /> would be much better, therefore, to have a<br /> clause somewhat on the following lines :—<br /> “If after three months’ notice in writing, the<br /> publisher has not put on the market a new<br /> edition of at least 500 copies (Note, this number<br /> to show his bona fides), then the agreement<br /> shall be terminated and all rights therein shall<br /> return to author.” Here it is quite clear that<br /> at a certain fixed date, that is, three months<br /> after the notice has been given, the author<br /> regains command if the book has not been put<br /> on the market. Registration being no longer<br /> necessary, the words following in the same<br /> clause again show the unfamiliarity of the<br /> publisher with copyright law.<br /> <br /> Clause 11 is for a great many reasons very<br /> objectionable from the author’s point of<br /> view. If the publisher breaks his agreement<br /> and the matter is referred to arbitration, the<br /> publisher escapes from the publicity which is<br /> essential as a warning to other authors ;<br /> besides arbitration, especially in matters where<br /> points of law are concerned and not points of<br /> <br /> THE AUTHOR.<br /> <br /> fact, is as a rule unsatisfactory, and often very<br /> expensive.<br /> <br /> Every publishing agreement should be<br /> personal to the publisher, and it is a mistake,<br /> therefore, to allow such a clause as clause 12<br /> to be inserted. Many authors might have no<br /> objection to their books being produced by the<br /> publisher with whom they sign an agreement,<br /> but in case of his death or bankruptcy, they<br /> might strongly object to the agreement being<br /> taken over by another publisher.<br /> <br /> It is necessary to say very little about<br /> clause 13. It is always objectionable for an<br /> author to bind himself to a publisher for more<br /> than one book, and it is more than objectionable<br /> that he should bind himself to a publisher for<br /> more than one book on fixed and inadequate<br /> terms. The publisher’s response is, “* Oh, but<br /> I can spend so much more on your first book<br /> in advertising, if I know that I shall reap the<br /> benefit by getting the publication of the second<br /> and third books.’? Note also that a similar<br /> remark may be put forward to induce the<br /> author to sign for a deferred royalty. The<br /> author should say, ‘‘ Will you undertake, in<br /> your agreement, to advertise my first and<br /> subsequent books to the extent of £ and<br /> to vouch these advertisements, should I think<br /> it necessary?” The publisher would in most<br /> cases refuse to do so. There is nothing left<br /> if the author accepts the position of this<br /> agreement but to trust in the good faith of<br /> the publisher.<br /> <br /> It has already been pointed out when dis-<br /> cussing the first sub-heading of clause 4, that<br /> if a publisher pays no royalty on the first<br /> 2,000 copies, there is a risk lest he should<br /> make no endeavour to push the sales beyond<br /> that point. The same danger arises here. A<br /> publisher, knowing that he has the next three<br /> or four books of the author, may not trouble to<br /> push the sales of the first book beyond such an<br /> amount as will bring him the return of his<br /> original outlay and a good percentage on his<br /> money. This is so much easier, where the<br /> publisher, as in the present case, pays no<br /> royalty on the first 2,000 copies sold. If any<br /> of the next three books prove a success the<br /> terms put forward are wholly inadequate. Any<br /> publisher, if a book is a success and runs into<br /> thousands of copies, would be willing to pay an<br /> <br /> author 25 per cent. from the beginning, with a<br /> <br /> considerable advance. Therefore, clause 18,<br /> even in ordinary circumstances gives all the<br /> advantage to the publisher, but if any of the<br /> books are a success he might make a con-<br /> siderable profit with but little return to the<br /> author. One more point: the date of pub-<br /> <br /> <br /> <br /> <br />  <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> lication for the future works is not fixed.<br /> Now this is of vital importance to an author<br /> who is entering into other contracts for serial<br /> issue. Even if the date the publisher<br /> arbitrarily sets down for publication does not<br /> interfere with other contracts, it may for<br /> other reasons be wholly disadvantageous to<br /> the author.<br /> <br /> In clause 14 the terms which the publisher<br /> proposes for the American copyright are very<br /> <br /> unsatisfactory. It is much better for an<br /> <br /> author to have a separate agreement for<br /> publication of his American edition with an<br /> American publisher, than to allow the matter<br /> to lie in the hands of one publisher only. It<br /> has often been pointed out in The Author that<br /> a book published successfully in America will<br /> bring in to the author, even at a lower percen-<br /> tage, probably a much larger figure than it<br /> will bring in in England, because the circulation<br /> is likely to be so much larger.<br /> <br /> Now what has been the result of this<br /> agreement in actual practice? It would<br /> appear that the pubisher has sold some<br /> 3,600 copies in different countries and at<br /> different prices. As far as England and<br /> America are concerned, the sales are some<br /> 800 short of the number required to pro-<br /> duce a royalty. Out of the sales in other<br /> countries the author has made some £10 10s.<br /> Allowing that the publisher has advertised the<br /> book to a reasonable extent, he has made<br /> most probably 50 per cent. to 60 per cent. on<br /> his outlay.<br /> <br /> ——__———__+—&gt;—_+_____<br /> <br /> THE COMMERCIAL SIDE OF MUSIC.<br /> ACCOUNT CLAUSE.<br /> <br /> ——— +<br /> <br /> 1% the June number of The Author an<br /> article was published giving an account<br /> of the commercial side of music produc-<br /> <br /> tion, and a copy of the document that music<br /> <br /> publishers are in the habit of asking composers<br /> to sign was printed as a warning.<br /> <br /> The article explained that the document was<br /> not really an agreement in the ordinary sense<br /> of the word, as the composer assigned all of<br /> what he stood possessed and the publisher<br /> undertook practically to do nothing.<br /> <br /> Amongst the omissions. from the document<br /> was an ordinary clause for the delivery of<br /> accounts. This omission, even from the pub-<br /> lisher’s point of view, was foolish, because if<br /> the dates and seasons for accounting are not<br /> settled the composer would have the right to<br /> <br /> <br /> <br /> 295<br /> <br /> claim a rendering at any reasonable time.<br /> But the very omission shows the off-hand<br /> manner in which the publishers treat those<br /> on whose brains they grow rich and prosper.<br /> <br /> When the attention of the Composers’ Sub-<br /> Committee was called to the omission, they<br /> instructed the secretary to write a circular<br /> letter to publishers pointing out that for their<br /> own sake as well as for the sake of the com-<br /> posers, it would be a good thing if some<br /> uniform arrangement could be come to.<br /> <br /> Accordingly the following letter was drafted<br /> and despatched to twenty-one well-known<br /> publishers :—<br /> <br /> Dear Sirs,—It appears that in many documents for the<br /> publication of their works which composers have been<br /> asked to sign, although they retain a continuing interes}<br /> by way of royalty, no formal account clause is inserted<br /> indicating when the accounts are to be rendered. As you<br /> may be aware it is the invariable custom of publishers of<br /> books to insert an account clause into their agreements.<br /> The Composers’ Sub-Committee of the above Society,<br /> therefore, have asked me to approach you in regard to this<br /> matter. They consider it would affect a great saving of<br /> the publishers’ time, and facilitate the business dealings of<br /> composers and publishers, if it were possible to come to<br /> some uniform arrangement by which publishers would<br /> undertake to render accounts at fixed dates. At present,<br /> no account clause being inserted, the composer is entitled<br /> to demand accounts from the publisher at any time, and as<br /> often as he likes, within reason; this position is clearly<br /> quite unsatisfactory.<br /> <br /> The Composers’ Sub-Committee suggest, therefore, that<br /> accounts should be rendered twice annually, made up to the<br /> 31st December and the 30th June, the accounts being<br /> rendered and the sum being paid within one month from<br /> these dates.<br /> <br /> If this suggestion meets with your approval, I should be<br /> much indebted to you if you would write me a letter to that<br /> effect, stating at the same time that you are willing to<br /> insert this clause in your agreements.<br /> <br /> The names of the publishers falling in with this sugges-<br /> tion, which is an eminently practicable one, will be pub-<br /> lished in The Author for the benefit of composers who are<br /> seeking to place their works.<br /> <br /> IT remain,<br /> Yours faithfully,<br /> <br /> From this list the following neglected to send<br /> an answer. The names are printed in alphabe-<br /> tical order so that there can be no claim to<br /> preference in discourtesy.<br /> <br /> Messrs. Chappell &amp; Co., Ltd.<br /> Elkin &amp; Co., Ltd.<br /> Keith, Prowse &amp; Co.<br /> Metzler &amp; Co.<br /> Reynolds &amp; Co.<br /> Ricordi &amp; Co.<br /> <br /> ,», Schott &amp; Co.<br /> <br /> As the circular was sent out in the hope of<br /> making regular an acknowledged irregularity,<br /> and of simplifying and adjusting the relations<br /> <br /> 9°<br /> <br /> 9°<br /> <br /> 99<br /> <br /> 99<br /> <br /> 29<br /> <br /> <br />  <br /> <br /> 296<br /> <br /> <br /> <br /> between author and publisher, there was every<br /> reason why the publishers should have<br /> welcomed the chance of meeting the composers<br /> in a fair way.<br /> <br /> It is pleasing, however, to state that twelve<br /> publishers, that is, the majority, did reply.<br /> <br /> Messrs. Novello &amp; Co.’s reply was charac-<br /> teristic, and, as such, may be quoted in full :—<br /> <br /> “DEAR Srr,—We beg to acknowledge the receipt of your<br /> letter of the 22nd inst.<br /> <br /> “We are, Yours faithfully,<br /> ‘““NOVELLO &amp; Co.”<br /> <br /> Messrs. Boosey &amp; Co. beg to say that their<br /> relations with their composers are of a most<br /> amicable kind, and they see no reason whatever<br /> to make any alterations in their agreements.<br /> <br /> It is pleasant to think of those most amicable<br /> arrangements, but after all, rumours of dissatis-<br /> faction have been vibrating the air. As far<br /> as the latter part of the letter is concerned the<br /> circular asked for no alteration, but made a<br /> reasonable business proposal.<br /> <br /> The answers from the remaining publishers<br /> gave the information invited. It is satisfac-<br /> tory to composers to have the list of those<br /> whose agreements do contain the necessary<br /> account clauses; though it is not necessarily<br /> a logical deduction that because a publisher<br /> has not answered the circular, he is therefore<br /> lax in rendering his accounts.<br /> <br /> Messrs. Ascherberg, H opwood &amp; Co. state<br /> that their accounts are made up half-yearly,<br /> on June 30 and December 31, and that these<br /> dates are mentioned in their agreements.<br /> <br /> Messrs. Augener state that it is provided in<br /> their copyright forms that “ royalties will be<br /> paid when the next succeeding edition is<br /> printed.” In answer to a further question as<br /> to the size of an edition they were kind<br /> enough to state “ that as a rule, according to<br /> their experience, they figure on printing a<br /> six months’ supply for a first edition and a<br /> one year’s supply for the following editions.”<br /> While the information that has been given<br /> is of undoubted importance to composers,<br /> still the method cannot be commended, and<br /> the very answer shows how necessary the<br /> action of the sub-committee has been.<br /> <br /> Messrs. Cary &amp; Co. make up their royalty<br /> accounts January 1 and July 1, and discharge<br /> the same about two months later.<br /> <br /> Messrs. John Church &amp; Co. reply that they<br /> have such a clause as the one indicated, i.e.,<br /> half-yearly accounts, in their agreements with<br /> composers.<br /> <br /> Messrs. Curwen &amp; Sons make up their<br /> accounts annually to May 81, and these are<br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> rendered and paid within three months. This<br /> is stated in the agreement.<br /> <br /> Messrs. J. B. Cramer &amp; Co., Litd., express<br /> their sympathy with the object the Society<br /> has in view. They have a clause in their<br /> agreements for half-yearly settlements.<br /> <br /> Messrs. Enoch &amp; Son make half-yearly<br /> settlements to the end of June and December,<br /> but do not find it possible in every case to pay<br /> within one month.<br /> <br /> Messrs. B. Fieldman &amp; Co. make a practice<br /> of paying royalties half-yearly, and do their<br /> utmost to make same up and settle in January<br /> and July.<br /> <br /> Messrs. Francis, Day and Hunter<br /> accounts and statements twice annually to<br /> June 30 and December 31, and render the<br /> statements and pay the amounts due within<br /> two months of the said dates,<br /> <br /> Messrs. Hawkes &amp; Son state that two<br /> members of the Composers’ Sub-Committee<br /> for whom they publish are perfectly satisfied<br /> with their methods ‘ which, in point of fact,<br /> are a little more strictly business-like than that<br /> form requested by you.”<br /> <br /> It is to be regretted that this firm has not<br /> given information as to these methods.<br /> <br /> Messrs. Weekes &amp; Co. enclosed a form of<br /> their agreement. (This is not the place to<br /> comment on the wording of the document.)<br /> Composers are referred to the June number<br /> dealing with transfer of copyright.) We desire<br /> ‘to express our thanks to Messrs. Weekes for<br /> their courtesy. The document states that a<br /> proper statement of account is rendered in the<br /> months of January and J uly.<br /> <br /> Messrs. J. Williams, Ltd., make settlements<br /> for all royalties due to composers and authors<br /> every six months (March and September).<br /> <br /> To sum up: Nine publishers have not<br /> answered the circular. They may include an<br /> account clause in their agreements or they<br /> may not. In some cases it is known that<br /> they donot. Of the twelve who have answered<br /> two give no information on the point, but ten<br /> have put forward full particulars, and out of<br /> these ten, nine render semi-annual and one<br /> annual accounts. The circular has been fully<br /> justified by the result and the answers will be<br /> of value to those composers who are negotiating<br /> for the production of their works. The sub-<br /> committee have to thank those publishers<br /> who have so readily and fully replied.<br /> <br /> prepare<br /> <br /> <br /> <br /> <br />  <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> DRAMATISATION OF A NOVEL.<br /> <br /> <br /> <br /> INFRINGEMENT OF COPYRIGHT.<br /> <br /> Corelli v. Gray.<br /> <br /> N this action Miss Marie Corelli, the well-<br /> | known authoress, claimed damages and<br /> an injunction against Mr. George Gray<br /> to prevent him from performing a sketch<br /> entitled ‘“‘The People’s King,’’ which had<br /> been presented at certain variety theatres, on<br /> the ground that it was an infringement of the<br /> plaintiff&#039;s copyright in her novel, called<br /> “¢ Temporal Power.”<br /> <br /> The novel was written in 1902, and under the<br /> new Copyright Act the plaintiff&#039;s copyright<br /> includes the right of dramatisation. The<br /> defendant did not question the plaintiff&#039;s<br /> copyright in the novel, but alleged that the<br /> play was an adaptation or condensed version<br /> of an earlier play called ‘‘ In the King’s Name,”<br /> which he had written wholly independently of<br /> the novel and some eight years before the novel<br /> was published.<br /> <br /> There were numerous resemblances between<br /> the novel and the play in respect of the<br /> characters, situations, and dialogue ; and the<br /> defendant admitted _ similarities, but he<br /> described them as chance coincidences or<br /> “stock situations.” As an example of the<br /> similarities, it may be mentioned that in the<br /> novel a prince marries a princess for State<br /> reasons, and she tells him that she will do her<br /> duty to him and to the State, but that she<br /> cannot love him. The prince, after becoming<br /> king, joins a group of revolutionaries under<br /> the name of Pasquin Leroy. In the play, a<br /> prince marries a princess for State reasons, and<br /> she tells him that she will honour and obey<br /> him, but that she cannot love him. The<br /> prince joins a group of revolutionaries under<br /> the name of Leo Lerois. Again, in the novel<br /> the revolutionaries draw lots as to who shall<br /> kill the prime minister and the king, and<br /> before drawing lots they swear that whoever<br /> draws the signal to take a life proved unworthy<br /> shall be regarded by them as a sacred person.<br /> Leroy draws the king. He makes a speech,<br /> and then announces that he is ready to obey<br /> and that he is the king. In the play the<br /> revolutionaries draw lots as to who shall kill<br /> the two chief ministers and the king, and<br /> before drawing lots they swear that the life<br /> of whoever draws the sign of having to kill<br /> the king shall be held sacred. Lerois draws<br /> the king. He makes a speech and_then<br /> announces that he is ready to obey and that<br /> he is the king.<br /> <br /> <br /> <br /> 297<br /> <br /> Other similarities were so substantial that<br /> it was obvious that the two compositions must<br /> have been taken from a common source, OT<br /> that one was copied from the other. The<br /> defendant, however, did not suggest any<br /> definite common source for the two works,<br /> other than the general common stock of<br /> ideas; and he expressly disclaimed in the<br /> course of the case the hypothesis that the novel<br /> was based upon his play, although he stated<br /> that he did not know what had happened to<br /> a second copy of ‘In the King’s Name”<br /> which he had lost at an early period in “‘a<br /> Flect Street hostelry.”” The defendant called<br /> witnesses to whom his earlier play had been<br /> read or submitted, but their recollection of the<br /> incidents in the play were necessarily extremely<br /> vague and they could remember little more<br /> than that it contained a floral scene, which<br /> had been one of the main reasons for the non-<br /> acceptance of the play, owing to the expense<br /> which it involved.<br /> <br /> Mr. Justice Sargant, in delivering judgment,<br /> commented upon the defendant’s evidence,<br /> which he regarded as unsatisfactory. * The<br /> defendant’s story,” his lordship said, ‘‘ falls<br /> very short of such a clear, consistent, and<br /> convincing narrative as would have been<br /> required to cast doubt on the very strong<br /> inference, amounting in my view to a practical<br /> certainty, which is to be deduced from the<br /> similarities in the two works ; and I am<br /> convinced that the defendant’s sketch has not<br /> been written independently of the plaintiff&#039;s<br /> novel.” His lordship granted the injunction<br /> and ordered an account of the profits to be<br /> taken and that the defendant should deliver<br /> up the copies of the play, which infringed the<br /> plaintiff&#039;s copyright, and pay the plaintiff’s<br /> costs.<br /> <br /> The issue in the case was a question of fact,<br /> but the judge made some observations on the<br /> law which may be quoted. “In the first<br /> place,” his lordship said, “it is fairly clear<br /> that under the new Act no absolute monopoly<br /> is given to authors analogous to that which<br /> is conferred on inventors of patents—that is<br /> to say, if it could be shown as a matter of<br /> fact that two precisely similar works were<br /> produced wholly independently of one another,<br /> I do not think that the author of the work<br /> that was published first would be entitled to<br /> restrain the publication by the other author<br /> of that author’s independent and original<br /> work. The right appears to be merely a<br /> negative right to prevent the appropriation of<br /> the labours of an author by another. The<br /> second observation is this, that the onus 0<br /> <br /> <br />  <br /> <br /> 298<br /> <br /> establishing appropriation, of course, rests<br /> upon the plaintiff.”<br /> Haroutp Harpy.<br /> <br /> Oo<br /> <br /> RIDGE v. THE “ENGLISH ILLUSTRATED<br /> MAGAZINE” (LIMITED).<br /> <br /> <br /> <br /> R. W. PETT RIDGE, on the 12th in-<br /> oe stant, obtained a verdict and sub-<br /> stantial damages (£150) against the<br /> “English Illustrated Magazine,” Ltd., for pub-<br /> lishing under the name of “ W. Pett Ridge ”’ in<br /> their magazine a short story called ‘‘ The Man<br /> who had a Conscience,” which was not the<br /> work of its reputed author.<br /> <br /> This story bears no comparison to the<br /> genuine work of Mr. Pett Ridge, although<br /> obviously intended to imitate it, and, being<br /> very inferior, was necessarily injurious to the<br /> plaintiff&#039;s reputation as a writer,<br /> <br /> On this head Mr. Jerome K. Jerome, who<br /> gave evidence on behalf of Mr. Pett Ridge, was<br /> emphatic. He explained to the jury that, if he<br /> were still a magazine editor planning out for<br /> the future, he should, after reading ‘“‘ The Man<br /> who had a Conscience,’”? have dismissed any<br /> idea of applying to Mr. Pett Ridge for contri-<br /> butions. The one conclusion to be arrived at<br /> by reading the story was that Mr. Pett Ridge<br /> had had an illness or something which had left<br /> him unfit for further work.<br /> <br /> How the tale came to be published was<br /> graphically detailed by the temporary acting<br /> editor of the defendant company’s magazine.<br /> The manuscript was received by post, signed<br /> “&#039;W. Pett Ridge,” and giving an address in<br /> Bournemouth, but without any covering letter.<br /> The defendant’s witnesses readily admitted<br /> that the story was not up to Mr. Pett Ridge’s<br /> level of excellence, and, in consequence, they<br /> offered, and the writer accepted, as his remu-<br /> neration, a sum of two guineas for eighteen<br /> columns !<br /> <br /> As long ago as August last the writer of the<br /> story (whose name was not Pett Ridge or any-<br /> thing like it) wrote to the editor of the defen-<br /> dant company’s magazine advising him that<br /> “The Man who had a Conscience ” was not the<br /> work of William Pett Ridge; yet, notwith-<br /> standing this disclaimer, the editor, apparently<br /> acting under instructions, failed to apologise,<br /> or make any reparation in respect of the<br /> publication of the story.<br /> <br /> The plaintiff consultéd the Society of Authors<br /> and, as a consequence, this action was brought.<br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> The grounds upon which the plaintiff’s claim<br /> was based were that he had been libelled in his<br /> profession as a writer and that the defendant<br /> company had passed off on the public as the<br /> work of an author of reputation the feeble<br /> attempt of an obscure penman.<br /> <br /> The Judge (Darling, J.) ruled that in law, on<br /> proof of both or either of these allegations, the<br /> plaintiff was entitled to a verdict, and, after an<br /> absence of twenty minutes, the jury returned<br /> a verdict for the plaintiff with £150 damages.<br /> <br /> The allegation of libel was interesting and<br /> novel.<br /> <br /> Obviously to call Mr. Pett Ridge “ a com-<br /> monplace scribbler ”’ was a libel, but the prin-<br /> ciple was extended in this case, it being held<br /> by the Judge that, if the jury came to the con-<br /> clusion that the natural consequence of anyone<br /> reading “The Man who had a Conscience ”<br /> would be that the reader would put the writex<br /> down as a mere commonplace scribbler, then<br /> equally a libel had been published against<br /> Mr. Pett Ridge.<br /> <br /> ——_1—»—.<br /> <br /> MAGAZINE CONTENTS.<br /> en UE<br /> <br /> British Review.<br /> <br /> The Origin and Significance of Profanity. By A. E.<br /> Beath.<br /> Herr Nikisch and “ The Ring.” By Sir Home Gordon<br /> Hart.<br /> CoNTEMPORARY.<br /> <br /> Glimpses of Thomas Carlyle. By Percy Fitzgerald.<br /> <br /> ENGLIsH.<br /> Writing Novels. By Arnold Bennett.<br /> Our “ atenphaly * Hymnal. By Professor W. H. D.<br /> Rouse.<br /> <br /> The Correspondence of Nietzsche with Brandes.<br /> <br /> FortTNIGHTLY.<br /> <br /> Lord Cromer on Disraeli. By Wilfrid Ward.<br /> <br /> Realistic Drama (11). By W. L. Courtney.<br /> <br /> Mr. Masefield’s Poetry. By Gilbert Thomas.<br /> <br /> The Death of Satire.” By Herman Scheffauer.<br /> <br /> The Chinese Drama, Yesterday and To-day.<br /> Corbe tt-Smith.<br /> <br /> By A.<br /> <br /> <br /> <br /> SCALE FOR ADVERTISEMENTS.<br /> <br /> ee<br /> [ALLOWANCE TO MEMBERS OF THE SOCIETY 20 PER OENT.}<br /> <br /> Front Page nse aes £4 0 0<br /> Other Pages % ve we 8 O°<br /> Half of a Page .., = 2 00a<br /> Quarter of a Page - O18 6<br /> Eighth of a Page tes es ase « 0 7 0<br /> Single Column Advertisements perinch 0 6 0:<br /> <br /> Reduction of 20 per cent. made for a Series of Siz and of 25 per cent. for<br /> Twelve Insertions,<br /> <br /> All letters respecting Advertisements should be addressed to.<br /> Messrs. Matthews’ Advertising Service, Staple Inn Buildings, High<br /> Holborn, W.C.<br /> <br /> <br /> <br /> <br />  <br /> <br /> THE AUTHOR.<br /> <br /> HOW TO USE THE SOCIETY.<br /> <br /> ot<br /> <br /> 1, VERY member has a right toask for and to receive<br /> EK advice upon his agreements, his choice of a pub-<br /> lisher, or any dispute arising in the conduct of his<br /> business or the administration of his property. The<br /> Secretary of the Society is a solicitor; but if there is any<br /> special reason the Secretary will refer the case to the<br /> Solicitors of the Society. Further, the Committee, if they<br /> deem it desirable, will obtain counsel’s opinion without<br /> any cost to the member. Moreover, where counsel’s<br /> opinion is favourable, and the sanction of the Committee<br /> is obtained, action will be taken on behalf of the aggrieved<br /> member, and all costs borne by the Society.<br /> <br /> 2. Remember that questions connected with copyright<br /> and publishers’ agreements do not fall within the experi-<br /> ence of ordinary solicitors. Therefore, do not scruple to use<br /> the Society.<br /> <br /> 8. Before signing any agreement whatever, send<br /> the document to the Society for examination.<br /> <br /> 4. Remember always that in belonging to the Society<br /> you are fighting the battles of other writers, even if you<br /> are reaping no direct benefit to yourself, and that you are<br /> advancing the best interests of your calling in promoting<br /> <br /> the independence of the writer, the dramatist, the composer<br /> <br /> 5. The Committee have arranged for the reception of<br /> members’ agreements and their preservation in a fire-<br /> proof safe. The agreements will, of course, be regarded as<br /> confidential documents to be read only by the Secretary,<br /> who will keep the key of thesafe. The Society now offers :<br /> (1) To stamp agreements in readiness for a possible action<br /> upon them. (2) To keep agreements. (3) To enforce<br /> payments due according to agreements. Fuller particu-<br /> lars of the Society’s work can be obtained in the<br /> Prospectus.<br /> <br /> 6. No contract should be entered into with a literary<br /> agent without the advice of the Secretary of the Society.<br /> Members are strongly advised not to accept without careful<br /> consideration the contracts with publishers submitted to<br /> them by literary agents, and are Tecommended to submit<br /> them for interpretation and explanation to the Secretary<br /> of the Society.<br /> <br /> 7. Many agents neglect to stamp agreements. This<br /> must be done within fourteen days of first execution. The<br /> Secretary will undertake it on behalf of members,<br /> <br /> 8. Some agents endeavour to prevent authors from<br /> referring matters to the Secretary of the Society ; so<br /> do some publishers. Members can make their own<br /> deductions and act accordingly.<br /> <br /> 9. The subscription to the Society is £1 1s. per<br /> annum, or £10 10s. for life membership.<br /> <br /> ———_1— 2 —___—_<br /> <br /> WARNINGS TO THE PRODUCERS<br /> OF BOOKS.<br /> <br /> +<br /> <br /> ERE are a few standing rules to be observed in an<br /> agreement. There are four methods of dealing<br /> with literary property :—<br /> <br /> I, Selling it Outright.<br /> This is sometimes satisfactory, ¢f a proper price can be<br /> <br /> <br /> <br /> 299<br /> <br /> obtained. But the transaction should be managed by a<br /> <br /> competent agent, or with the advice of the Secretary of<br /> the Society.<br /> <br /> Il. A Profit-Sharing Agreement (a bad form of<br /> agreement),<br /> <br /> In this case the following rules should be attended to:<br /> <br /> (1.) Not to sign any agreement in which the cost of pro-<br /> duction forms a part without the strictest investigation.<br /> <br /> (2.) Not to give the publisher the power of putting the<br /> profits into his own pocket by charging for advertisements<br /> in his own organs, or by charging exchange advertise-<br /> ments. Therefore keep control of the advertisements.<br /> <br /> (3.) Not to allow a special charge for “office expenses,”<br /> unless the same allowance is made to the author.<br /> <br /> Sa Not to give up American, Colonial, or Continental<br /> rights.<br /> <br /> (5.) Not to give up serial or translation rights.<br /> <br /> (6.) Not to bind yourself for future work to any publisher.<br /> As well bind yourself for the future to any one solicitor or<br /> doctor ! ;<br /> <br /> III. The Royalty System.<br /> <br /> This is perhaps, with certain limitations, the best form<br /> of agreement. It is above all things necessary to know<br /> what the proposed royalty means to both sides. It is now<br /> possible for an author to ascertain approximately the<br /> truth. From time to time very important figures connected<br /> with royalties are published in The Author.<br /> <br /> IY. A Commission Agreement.<br /> <br /> The main points are :—<br /> <br /> (1.) Be careful to obtain a fair cost of production,<br /> <br /> (2.) Keep control of the advertisements.<br /> <br /> (3.) Keep control of the sale price of the book,<br /> <br /> General.<br /> <br /> All other forms of agreement are combinations of the four<br /> above mentioned.<br /> <br /> Such combinations are generally disastrous to the author.<br /> <br /> Never sign any agreement without competent advice from<br /> the Secretary of the Society.<br /> <br /> Stamp all agreements with the Inland Revenue stamp.<br /> <br /> Avoid agreements by letter if possible.<br /> <br /> The main points which the Society has always demanded<br /> from the outset are :—<br /> <br /> (1.) That both sides shall know what an agreement<br /> means.<br /> <br /> (2.) The inspection of those account books which belong<br /> tothe author. We are advised that this is a right, in the<br /> nature of a common law right, which cannot be denied or<br /> withheld.<br /> <br /> (3.) Always avoid a transfer of copyright.<br /> <br /> —_———_+——_e____——_-<br /> <br /> WARNINGS TO DRAMATIC AUTHORS.<br /> <br /> + —<br /> <br /> EVER sign an agreement without submitting it to the<br /> Secretary of the Society of Authors or some com-<br /> petent legal authority.<br /> <br /> 2, It is well to be extremely careful in negotiating for<br /> the production of a play with any one except an established<br /> manager.<br /> <br /> 3. There are three forms of dramatic contract for plays<br /> in three or more acts :—<br /> <br /> (a.) Sale outright of the performing right. This<br /> is unsatisfactory. An author who enters into<br /> such a contract should stipulate in the contract<br /> for production of the piece by a certain date<br /> and for proper publication of his name on the<br /> play-bills,<br /> <br /> <br />  <br /> <br /> 300<br /> <br /> <br /> <br /> (b.) Sale of performing right or of a licence te<br /> perform on the basis of percentages on<br /> gross receipts. Percentages vary between 5<br /> and 15 per cent. An author should obtain a<br /> percentage on the sliding scale of gross receipts<br /> in preference to the American system, Should<br /> obtain a sum in advance of percentages, A fixed<br /> date on or before which the play should be<br /> performed.<br /> <br /> (¢.) Sale of performing right or of a licence to<br /> perform on the basis of royalties (ie., fixed<br /> nightly fees). This method should be always<br /> avoided except in cases where the fees are<br /> likely to be small or difficult to collect, The<br /> other safeguards set out under heading (.) apply<br /> also in this case,<br /> <br /> 4. Plays in one act are often sold outright, but it is<br /> better to obtain a small nightly fee if possible, and a sum<br /> paid in advance of such fees in anyevent, It is extremely<br /> important that the amateur rights of one-act plays should<br /> be reserved,<br /> <br /> 5. Authors should remember that performing rights can<br /> be limited, and are usually limited, by town, country, and<br /> time. This is most important,<br /> <br /> 6. Authors should not assign performing rights, but<br /> should grant a licence to perform. The legal distinction<br /> is of great importance,<br /> <br /> 7, Authors should remember that performing rights in a<br /> play are distinct from literary copyright. A manager<br /> holding the performing right or licence to perform cannot<br /> print the book of the words.<br /> <br /> 8. Never forget that United States rights may be exceed-<br /> ingly valuable. They should never be included in English<br /> agreements without the author obtaining a substantial<br /> consideration,<br /> <br /> 9. Agreements for collaboration should be carefully<br /> drawn and executed before collaboration is commenced,<br /> <br /> 10. An author should remember that production of a play<br /> is highly speculative : that he runs a very great risk of<br /> delay and a breakdown in the fulfilment of his contract.<br /> He should therefore guard himself all the more carefully in<br /> the beginning,<br /> <br /> 11. An author must remember that the dramatic market<br /> is exceedingly limited, and that for a novice the first object<br /> is to obtain adequate publication,<br /> <br /> As these warnings must necessarily be incomplete, on<br /> account of the wide range of the subject of dramatic con-<br /> tracts, those authors desirous of further information<br /> are referred to the Secretary of the Society.<br /> <br /> <br /> <br /> +.<br /> <br /> REGISTRATION OF SCENARIOS AND<br /> ORIGINAL PLAYS.<br /> —1—~<br /> <br /> Ne eee typewritten in duplicate on foolscap paper<br /> forwarded to the offices of the Society, together with<br /> a registration fee of two shillings and sixpence, will<br /> <br /> be carefully compared by the Secretary ora qualified assis-<br /> tant. One copy will be stamped and returned to the author<br /> and the other filed in the register of the Society. Copies<br /> <br /> Original Plays may also be filed subject to the same<br /> rules, with the exception that a play will be charged for<br /> at the price of 2s. 6d. per act.<br /> <br /> <br /> <br /> THE AUTHOR,<br /> <br /> DRAMATIC AUTHORS AND AGENTS.<br /> <br /> ++<br /> <br /> RAMATIC authors should seek the advice of the<br /> Society before putting plays into the hands of<br /> agents. As the law stands at present, an agent<br /> <br /> who has once had a play in his hands may acquire a<br /> perpetual claim to a percentage’ on the author’s fees<br /> from it. As far as the placing of plays is concerned,<br /> it may be taken as a general rule that there are only<br /> very few agents who can do anything for an author<br /> that he cannot, under the guidance of the Society, do<br /> equally well or better for himself. The collection of fees<br /> is also a matter in which in many cases no intermediary is<br /> required. For certain purposes, such as the collection of<br /> fees on amateur performances, and in general the trans-<br /> action of frequent petty authorisations with different<br /> individuals, and also for the collection of fees in foreign<br /> countries, almost all dramatic authors employ agents; and<br /> in these ways the services of agents are real and valuable.<br /> But the Society warns authors against agents who profess<br /> to have influence with managers in the placing of plays, or<br /> who propose to act as principals by offering to purchase<br /> the author&#039;s rights. In any case, in the present state of<br /> the law, an agent should not be employed under any<br /> circumstances without an agreement approved of by the<br /> <br /> Society.<br /> ————_-—&gt;—<br /> WARNINGS TO MUSICAL COMPOSERS.<br /> <br /> ITTLE can be added to the warnings given for the<br /> iL assistance of producers of books and dramatic<br /> authors. It must, however, be pointed out that, as<br /> a rule, the musical publisher demands from the musical<br /> composer a transfer of fuller rights and less liberal finan-<br /> cial terms than those obtained for literary and dramatic<br /> property. The musical composer has very often the two<br /> rights to deal with—performing right and copyright. He<br /> should be especially careful therefore when entering into<br /> an agreement, and should take into particular consideration<br /> the warnings stated above,<br /> <br /> ————_+—~@—-<br /> STAMPING MUSIC.<br /> <br /> <br /> <br /> The Society undertakes to stamp copies of music on<br /> behalf of its members for the fee of 6d. per 100 or part<br /> of 100. The members’ stamps are kept in the Society&#039;s<br /> safe. The musical publishers communicate direct with the<br /> Secretary, and the voucher is then forwarded to the<br /> members, who are thus saved much unnecessary trouble,<br /> <br /> ——————_1— &gt;.<br /> THE READING BRANCH.<br /> <br /> ++<br /> <br /> EMBERS will greatly assist the Society in this<br /> <br /> Vi branch of its work by informing young writer:<br /> <br /> of its existence. Their MSS. can be read and<br /> <br /> treated as a composition is treated by a coach. The term<br /> <br /> MSS. includes not only works of fiction, but Poetry<br /> <br /> and dramatic works, and when it is possible, under<br /> <br /> special arrangement, technical and scientific works. The<br /> <br /> Readers are writers of competence and experience. The<br /> fee is one guinea,<br /> <br /> —_————+—<br /> <br /> REMITTANCES.<br /> —_—<br /> <br /> The Secretary of the Society begs to give notice<br /> that all remittances are acknowledged by return of post.<br /> All remittances should be crossed Union of London and<br /> Smiths Bank, Chancery Lane, or be sent by registered<br /> letter only,<br /> <br /> <br /> <br /> <br />  <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> COLLECTION BUREAU.<br /> <br /> —_+—&lt;<br /> <br /> ag due to authors, composers and dramatists.<br /> 1. Under contracts for the publication of their<br /> works.<br /> <br /> 9. Under contracts for the performance of their works<br /> and amateur fees.<br /> <br /> 3. Under the Compulsory Licence Clauses of the Copy-<br /> right Act, i.e., Clause 3, governing compulsory licences for<br /> books, and Clause 19, referring to mechanical instrument<br /> records.<br /> <br /> The Bureau is divided into three departments :—<br /> <br /> 1. Literary.<br /> 2. Dramatic.<br /> 3. Musical.<br /> <br /> The Society does not desire to make a profit from the<br /> collection of fees, but will charge a commission to cover<br /> expenses. If, owing to the amonnt passing through the<br /> office, the expenses are more than covered, the Committee<br /> of Management will discuss the possibility of reducing the<br /> commission.<br /> <br /> For full particulars of the terms of collection, application<br /> must be made to the Collection Bureau of the Society.<br /> <br /> AGENTS.<br /> <br /> A. REYDING.<br /> WALTER C. JORDAN.<br /> <br /> Amsterdam<br /> New York<br /> <br /> The Bureau is in no sense a literary or dramatic<br /> agency for the placing of books or plays.<br /> <br /> GENERAL NOTES.<br /> <br /> ——<br /> <br /> Mempers of the Society are reminded that<br /> The Author does not appear in August or<br /> September. The next issue will be published<br /> on October 1st.<br /> <br /> Str JAMES BARRIE, BART.<br /> <br /> We must congratulate Sir James Barrie<br /> on the honour conferred upon him on the<br /> King’s birthday, an honour justly deserved.<br /> <br /> Sir James represents both sides of the<br /> profession, the literary and the dramatic.<br /> His ‘‘ Margaret Ogilvie ” on the one side and<br /> “Peter Pan” on the other have already<br /> shown that they can stand the test of time.<br /> We do not desire to criticise his position either<br /> as a writer of books or as a writer of plays,<br /> this has been done by abler hands, and the<br /> title that has been offered and accepted is the<br /> best criticism ; but if there is a point which is<br /> especially evident in all his work it is his<br /> sincerity, and sincerity is the nearest answer<br /> to that great unanswered question ‘‘ What is<br /> Truth?” The record of his books and of his<br /> plays is a long and honourable one.<br /> <br /> In this connection we should be glad to<br /> <br /> <br /> <br /> 301<br /> <br /> ask one question : Did he write that delight-<br /> fully amusing article “ The Battle of Rupert<br /> Square” ? and, if so, where is it possible to<br /> obtain a copy? Perhaps Sir James will<br /> himself reply.<br /> <br /> Tue Eruics oF ADVERTISING.<br /> <br /> WE print on another page of this issue, on the<br /> instructions of the Committee of Management,<br /> an article that appeared in the March, 1911,<br /> issue of The Author, entitled ‘On the Ethics<br /> of Advertising.”<br /> <br /> The attention of members is again drawn to<br /> the issues as, from information recently laid<br /> before the Society, it seems that there has been<br /> no abatement of the annoyance referred to,<br /> namely, that publishers, uncontrolled in their<br /> contracts as to the manner of reproduction<br /> have reproduced these cheap editions of novels,<br /> not only with advertisements at the beginning<br /> and at the end, but opposite the final pages<br /> of the literary matter.<br /> <br /> The question really resolves itself into one of<br /> contract, and we should like to repeat the<br /> advice that has been given to so many mem-<br /> bers of the Society with regard to cheap<br /> editions. First, that no author should allow<br /> the publisher to produce his novel in a cheap<br /> edition unless he is a recognised reproducer of<br /> cheap editions; the reason being that pub-<br /> lishers who are not accustomed to reproduction<br /> in this form cannot give the same price that<br /> those publishers can give who make cheap<br /> editions part of their regular business.<br /> Secondly, if the publisher is given the right of<br /> reproduction in cheap form, then he should not<br /> be allowed to use that right, without the<br /> sanction of the author, within three years from<br /> the date of publication of the original, and if<br /> he has not exercised his option within four<br /> years from the date of publication of the<br /> original, then the right should return to the<br /> author, who should have the right of placing<br /> the cheap edition elsewhere. This statement<br /> is made, of course, on the understanding that<br /> the author desires and is willing that the book<br /> should be produced at all in a cheap edition.<br /> It pays some authors much better never to<br /> have their books produced in this form at all.<br /> <br /> Then, if the publisher exercises his option,<br /> he should be bound as to the price at which,<br /> and the form in which, the cheap edition is to<br /> be put on the market. These points are all of<br /> vital importance, because the 6d. paper edition<br /> is usually read and thrown away, but the 7d.<br /> cloth-bound edition is usually placed on the<br /> <br /> <br />  <br /> <br /> 302<br /> <br /> <br /> <br /> shelves and read again, or lent to other readers.<br /> It will be seen, therefore, that it is more satis-<br /> factory for the author to have the book in the<br /> 6d. paper edition, which is destroyed when<br /> read, than it is to have it in a cloth-bound<br /> edition with the probability of the work<br /> being passed from one reader to another.<br /> <br /> Now we come to the important point con-<br /> tained in ‘‘ the Ethics of Advertising.”” When<br /> the form of the cheap edition is settled by a<br /> clause in the agreement, it must at the same<br /> time be settled whether the publisher is to be<br /> allowed to advertise in the cheap edition, and<br /> whether he is to be allowed to let his adver-<br /> tisements run opposite the literary matter.<br /> <br /> Those who desire to uphold the dignity of<br /> literature will prefer no doubt that no adver-<br /> tisements should appear ; those, however, who<br /> take the financial standpoint might allow<br /> advertisements to appear ; but while the former<br /> might have to forego some of his royalties,<br /> the latter would see that his royalties were<br /> increased, as the cost of production is decreased<br /> through the insertion of advertisements.<br /> <br /> The practical issue, therefore, of the whole<br /> discussion is that the only method by which<br /> the author may protect himself is by the neces-<br /> sary clauses being inserted in his agreements.<br /> Kither the publisher must be forbidden to<br /> advertise, or he must be allowed to; but<br /> whether it is the one or the other, the point<br /> must be settled in the agreement, and the<br /> royalties must be fixed accordingly.<br /> <br /> Dramatic Prracy In THE U.S.A.<br /> <br /> Mr. Water Jorpan, the dramatic agent<br /> of the Society in New York, has forwarded a<br /> cutting from the New York Review, containing<br /> details of the conviction of Mr. Byers.<br /> <br /> His conviction was the result of a crusade of<br /> the International Association of Theatrical<br /> Reproducing Managers. Byers pirated under<br /> the name of the Chicago Manuscript Company,<br /> and kept a force of stenographers for copying<br /> MSS. of plays, which he supplied to all those<br /> who sought them. Practically any New York<br /> “hit” could be bought for $5. Byers in<br /> his catalogue quoted for most New York<br /> “hits” at that figure, but cautioned his<br /> purchasers that there might be occasions<br /> when it would be wiser to change the title of<br /> the play.<br /> <br /> The conviction of Byers, it is hoped, will<br /> practically stop any future piracy of a similar<br /> kind. The Society of Authors had one or<br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> two cases of a similar kind in England, but<br /> although this form of piracy did exist, it was<br /> not of such a universal character as in Chicago,<br /> <br /> THE CONGRESS OF THE Hacur.<br /> <br /> THE International Literary and Artistic<br /> Association will this year hold its 33rd Congress<br /> at the Hague from the 16th to the 19th of<br /> July. Further information can be obtained<br /> from M. A. Taillefer, 215 bis, Boulevard Saint-<br /> Germain, Paris. Tickets for the Congress<br /> cost members of the Association twenty<br /> frances, members of their families accompanying<br /> them ten franes, and those who are not<br /> members of the Association forty franes.<br /> The meetings will take place at the Hotel<br /> d’Orange, Scheveningen. The following sub-<br /> jects are included in the programme. Annual<br /> report on literary and_ artistic copyright.<br /> An examination of the reservations made by<br /> various States in their adhesion to the Con-<br /> vention of Berne, revised at Berlin. Conditions<br /> of reproduction of objects of art exhibited in<br /> museums and exhibitions. The author’s in-<br /> alienable right. Protection of national monu-<br /> ments. After the conclusion of the Congress<br /> of the Hague the Association proposes to hold<br /> one or two meetings at Ghent, respecting which<br /> notice will be given.<br /> <br /> —+~»—<br /> ANY CRAFTSMAN.<br /> <br /> ——+-—~&lt;&gt; + —_<br /> (From the Atheneum.)<br /> <br /> AM ground down too hard by poverty :<br /> I This that I do I would’ do well; and<br /> take<br /> Time to the task; this that I make would<br /> make<br /> Not all unworthy, lest the dead men see—<br /> Those great forerunners who have left to me<br /> Their high tradition. I would keep awake<br /> My honour—for my own and all men’s sake,<br /> And let the work before the wages be.<br /> <br /> “So be it then,” doth this hard age reply,<br /> “You know the cost! ” Ah, yea, the<br /> craftsman knows :<br /> Some things well done—but poverty thereby ;<br /> One hour of joy—and many an hour of woes<br /> When he can scarce draw solace from the sky,<br /> And seeth sorrow even in the rose.<br /> <br /> FREDERICK NIVEN.<br /> <br /> <br />  <br /> <br /> <br /> <br /> &#039;<br /> 2<br /> <br /> <br /> <br /> THE AUTHOR.<br /> ALFRED AUSTIN.<br /> <br /> —<br /> <br /> O* June 2 the Poet Laureate died at the<br /> <br /> age of seventy-eight. The Society<br /> <br /> must regret the loss of one who, since<br /> 1889, supported its aims and objects with<br /> practical sympathy.<br /> <br /> He was on the Council of the Society, but<br /> resigned from that body on his appointment<br /> as Poet Laureate. What his reason may have<br /> been it is now impossible to know. It may be<br /> he considered that it would be contrary to<br /> precedent for the Laureate to hold any position<br /> on the Council but that of President. The<br /> presidency, as all members know, after the<br /> death of Lord Tennyson, had been conferred<br /> on Mr. George Meredith. Accordingly, with<br /> regret, the committee accepted his resignation,<br /> but he still continued as a private member his<br /> support of the Society’s aims up to the day of<br /> his death.<br /> <br /> He published many volumes both of verse<br /> and prose; his most forcible method of<br /> expression coming from his keen love of the<br /> beauties of the country and country life.<br /> <br /> He was a man of warm affection for the<br /> fellow-members of his profession, as those will<br /> remember who have heard him speak among<br /> and to his brother authors.<br /> <br /> He felt very keenly—indeed, it may be said<br /> he was over-sensitive—the criticisms that were<br /> made concerning his poetry and his appoint-<br /> ment; but as he had been a critic himself, he<br /> could hardly have expected to escape unscathed.<br /> <br /> It is sad to see the goodly number of those<br /> who made their names in the Victorian era<br /> grow less and less, and it is sad to see the early<br /> members of the Society, who gave it their<br /> support in the days of storm and stress, grow<br /> fewer and fewer.<br /> <br /> a<br /> <br /> LORD AVEBURY.<br /> <br /> <br /> <br /> E mourn in Lord Avebury one of the<br /> oldest members of the Society of<br /> Authors, for he had been a member of<br /> <br /> our body nearly since its foundation. He was<br /> among our most loyal supporters, serving as<br /> chairman of the Nobel Committee, and sitting<br /> on the council for some twenty years. Lord<br /> Avebury’s death, in his seventy-ninth year,<br /> was not altogether unexpected ; it occurred,<br /> as a sequel to a severe attack of influenza, on<br /> May 28, just as the June issue of The Author<br /> <br /> 303<br /> <br /> was in the press—hence the belated character<br /> of this notice.<br /> <br /> Lord Avebury was born in 1834, and went<br /> straight from Eton into his father’s bank, but<br /> although he mastered all the details of the<br /> banking business, and became indeed . an<br /> authority in financial circles, he found time to<br /> develop both his great proclivities for natural<br /> history and his strong sense of the duty that<br /> lies upon prominent citizens to discharge public<br /> services. It is mainly to his scientific work, of<br /> course, that we owed his co-operation at the<br /> Society of Authors, for as an author he is<br /> chiefly known by his entomological researches.<br /> His observations, in particular, upon bees and<br /> ants were recognised as veritable contributions<br /> to our knowledge, and it was more especially<br /> for these that he was elected a Fellow of the<br /> Royal Society. He was a really great entomo-<br /> logist, but his scientific versatility and erudi-<br /> tion were also displayed by his writings on<br /> ethnological and _ geological subjects. His<br /> earliest work, ‘‘ Prehistoric Times,’ must have<br /> proved the introduction to systematised<br /> archeology for many readers in the ’thirties and<br /> &quot;forties, while the books entitled respectively<br /> “The Scenery of England ” and ‘« The Scenery<br /> of Switzerland ’’ were founded on a curiously<br /> intimate knowledge of geological rules and<br /> phenomena. Outside a purely — scientific<br /> audience Lord Avebury gained the appreciation<br /> of a large public by his books ‘‘ The Pleasures<br /> of Life,” ‘“ The Use of Life,” ‘‘ The Beauties.<br /> of Nature,” and a little volume called ‘‘ The<br /> Hundred Best Books”; all these works<br /> received the reward of an enormous circulation,<br /> and promoted a public appreciation of their<br /> subjects which was both gratifying and<br /> lucrative for the author. Lord Avebury was<br /> President of the British Association in 1881.<br /> <br /> As a man of affairs Lord Avebury occupied<br /> throughout a long life a conspicuous position.<br /> He succeeded to the Lubbock baronetcy when<br /> about thirty years of age, and shortly after-<br /> wards entered Parliament as Liberal member<br /> for Maidstone; but in 1880 he became mem-<br /> ber for the University of London, whose Vice-<br /> Chancellor he had been previously, and retained<br /> the seat for twenty years, being made a peer<br /> in 1900. :<br /> <br /> In Parliament he was a recognised authority<br /> upon. all educational questions, while he was<br /> responsible for two Acts, that under which<br /> statutory bank holidays were appointed, and<br /> that regulating hours in shops, which have<br /> incaleulably increased the happiness of com-<br /> mercial and industrial workers. As a banker<br /> he was secretary of the London Bankers’<br /> <br /> <br />  <br /> <br /> 304<br /> <br /> Association for a quarter of a century, Presi-<br /> dent of the Association of Bankers, and the<br /> first President of the Institute of Bankers,<br /> while he was also at different times President<br /> of the London Chamber of Commerce and the<br /> London County Couneil.<br /> <br /> This is a brief note upon a very full and<br /> important career, but already many biographies<br /> have made the life of Sir John Lubbock (to give<br /> him the familiar style) well known to our<br /> readers. The Society have lost in him an<br /> influential friend, and this is what we wish<br /> regretfully to record.<br /> <br /> mg eS<br /> <br /> UNITED STATES NOTES.<br /> <br /> —+~@+—__<br /> <br /> HERE has been a good deal of groaning<br /> recently over the growth of the “ 50-<br /> cent reprint” in this country—groan-<br /> <br /> ing which, of course, finds an echo in Great<br /> Britain, where a similar problem has to be<br /> faced. The full case against the reprint was<br /> eloquently stated, at the recent annual con-<br /> vention of the American Booksellers’ Associa-<br /> tion in New York, by Mr. Christopher Grauer,<br /> of Buffalo, one of the executive committee of<br /> the Association. Mr Grauer naturally spoke<br /> from the bookseller’s point of view—which is<br /> only one of four, since there are also to be<br /> considered the author, the reading public, and<br /> the publisher. It would searcely be in place,<br /> and it certainly would require more space than<br /> I have at my disposal, if I were to attempt to<br /> go fully into the question here. But I may<br /> mention that what Mr. Grauer thought<br /> desirable, was that a time-limit of three years<br /> from original publication should be established,<br /> within which no cheap re-issue of a book should<br /> be allowed, while the 25-cent reprint was to be<br /> fought tooth and nail. To those who are<br /> accustomed, as you are in Britain, to the 1s.,<br /> 7d., and 6d. editions, the latter statement may<br /> sound strange; but in the States the regular<br /> 25-cent line of novels has yet to be established,<br /> though the 50-cent books occupy a more<br /> important place every year.<br /> <br /> Optimists deny that the reprint has really a<br /> bad effect on the new book, and claim that,<br /> with certain writers at least, the sale of the<br /> 50-cent work actually stimulates the demand<br /> for new works when they appear. Which<br /> argument, alas! does not comfort those<br /> authors who have not yet succeeded in getting<br /> into a cheap edition, however it may satisfy<br /> the writer of even one “ best-seller,”<br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> <br /> <br /> Since last I wrote, by the way, the full list<br /> of best-sellers for last year has appeared, com-<br /> piled from the lists in the Publishers? W eekly.<br /> From this the strong position of native fiction-<br /> writers in the States is evident, the top six<br /> places being occupied by “The Harvester ”<br /> (Stratten-Porter): “ The Street Called Straight ”<br /> (King); “ Their Yesterdays” and “ The Win-<br /> ning of Barbara Worth ” (Wright); ‘ The<br /> Melting of Molly ” (Daviess) and ** A Hoosier<br /> Chronicle ” (Nicholson). In non-fiction, how-<br /> ever, foreign competition is severely felt, for<br /> the first six are ‘‘ The Promised Land ” (Autin),<br /> “The Montessori Method ” (Montessori),<br /> “South America” (Bryce), “A New Con-<br /> science and an Ancient Evil ” (Addams),<br /> “ Three Plays ” (Brieux), and “ Your United<br /> States ” (Bennett).<br /> <br /> Coming now to the works of to-day, we find<br /> the usual plethora of novels, from which it is<br /> very difficult to make a selection. Here,<br /> however, are some of the leaders: the late<br /> Vaughan Kester’s “John o’ Jamestown ” ;<br /> Reginald Wright Kauffman’s “ Running<br /> Sands’; Upton Sinelair’s “ Sylvia’; Ellen<br /> Glasgow’s “ Virginia ” ; Thomas Nelson Page’s<br /> “The Land of the Spirit’; Willa Sibert<br /> Cather’s ‘‘O Pioneers ! *”; Randall Parish’s<br /> ‘ The Air Pilot ” ; Eleanor Kelly’s “ Toya the<br /> Unlike’; P. Vv. Mighels’s ‘‘ Hearts of Grace ” ;<br /> John Luther Long’s “ War”; Louis Tracy’s<br /> “One Wonderful Night’; Owen Johnson’s<br /> * The Sixty-First Second ” ; Cyrus Townsend<br /> Brady’s ‘“‘ The Fetters of Freedom”; Justus<br /> Miles Forman’s “ The Opening Door ”’ ; Irving<br /> Bacheller’s ‘‘ The Turning of Grigsby ” ; Zane<br /> Grey’s “The Desert Girl *”; Winston Chur-<br /> chill’s “‘ The Inside of the Cup”; Joseph C.<br /> Lincoln’s “‘ Mr. Pratt’s Patients’; Nathaniel<br /> Fowler’s “The Knockers’ Club ” ; John A.<br /> Moroso’s ‘‘ The Quarry ”; Elizabeth Dejeans’s<br /> “The House of Thane ”’ ; J. R. Scott’s “‘ The<br /> Unforgiving Offender ”; Will Levington Com-<br /> fort’s ‘“‘ The Road of Living Men ’”’; George<br /> Randolph Chester’s “ Wallingford in his<br /> Prime”; Henry Russell Miller’s “ The Ambi-<br /> tion of Mark Truitt”; Harold Macgrath’s<br /> “ Parrot &amp; Co.”; Charles Sherman&#039;s @ The<br /> Upper Crust ” ; Grace Lutz’s “ Lo Michael ! ” ;<br /> Nina Wilcox Putnam’s “ The Impossible Boy ”<br /> and E. D. Biggers’ “‘ Seven Keys to Baldpate.”<br /> <br /> In biography, “‘ Mark Twain and the Happy<br /> Island ’’—which is Bermuda—may be put first,<br /> the author being Elizabeth Wallace. “ La<br /> Follette’s Autobiography ” is by the well-<br /> known Senator. George L. Clark’s “ Silas<br /> Dean ” deals with a Connecticut leader in the<br /> Revolution. ‘‘ The Life and Letters of Genera]<br /> <br /> <br /> <br /> <br /> <br /> <br />  <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> George G. Meade ” is edited by the General’s<br /> son, who bears the same name. * Pickett and<br /> His Men” is history rather than biography,<br /> and comes out appropriately in the fiftieth<br /> anniversary year of the battle of Gettysburg.<br /> The author is Mrs. La Salle Pickett, widow of<br /> the General. Another Gettysburg book is by<br /> Elsie Singmaster, and is entitled “* Gettysburg :<br /> Stories of the Red Harvest and the Aftermath.”<br /> “A Naval History of the American Revolu-<br /> tion,” by G. W. Allen, goes further back, while<br /> the Rev. H. W. Jones’ ‘“‘ Battle of Santiago 2<br /> brings us almost to modern days: The<br /> Philippine Problem,’ one of the results of<br /> Santiago, is dealt with by F. C. Chamberlain.<br /> <br /> There are a fairly large number of books<br /> which may be classed as sociological :<br /> “ Crowds,”’ by Gerald Stanley Lee; “ Starving<br /> America,’” by A. W. McCann; ‘‘ The Immi-<br /> grant Invasion,” by Julian Warne; “ Syndica-<br /> lism, Industrial Unionism, and Socialism,” by<br /> John Spargo; “ American Syndicalism,” by<br /> J. G. Brooks; “A Short History of the<br /> American Negro,” by B. G. Brawley ; and<br /> ‘Woman&#039;s Share in Social Culture,” by Anna<br /> Garlin Spencer. Professor Max Farrand writes<br /> of “The Framing of the Constitution of the<br /> United States,” and Professor C. A. Beard of<br /> “An Economic Interpretation ”’ of that Con-<br /> stitution. Another Professor, Ernest Freund,<br /> treats of “The Police Power” in America.<br /> “&lt;The Electoral College,” by J. Walker Hol-<br /> combe, may also be mentioned here.<br /> <br /> Whether James G. Haneker’s “ The Pathos<br /> of Distance ” should be counted with philosophy<br /> or with the essays is doubtful. Under the<br /> latter heading comes “‘ The American Spirit,”<br /> by O. S. Strauss, and it may perhaps be<br /> stretched to include Dr. Lyman Abbott’s<br /> “‘ Letters to Unknown Friends,”’ most of them<br /> reprinted from the Outlook. But certainly the<br /> most brilliant example of the essay is Professor<br /> George Santayana’s “ Winds of Doctrine,” a<br /> work which cannot but fascinate many who<br /> wholly disapprove of the views expressed.<br /> <br /> George Palmer Putnam, in his ‘‘ Southland<br /> of North America,” writes of the Central<br /> American States. In ‘Alaska: an Empire<br /> in the Making,” J. J. Underwood goes to the<br /> Far North-west, and ‘ Hawaii, Past and<br /> Present ” is described by an American born<br /> and educated in that part of the world. “ Zone<br /> Policeman 88,” by H. A. Frank, relates to the<br /> Panama Canal. ‘Our Neighbours the<br /> Japanese,” is by J. K. Goodrich ; and Adelaide<br /> Mack has added another to the appreciations<br /> of ‘‘ Magnetic Paris.”<br /> <br /> Three Nature books are :<br /> <br /> “Our Vanishing<br /> <br /> <br /> <br /> <br /> <br /> 305<br /> <br /> Wild Life,” by W. T. Hornaday ; ‘* In Beaver<br /> World,” by Enos A. Mills ; and ‘‘ Seeing Nature<br /> First,” by C. M. Weed. ‘<br /> <br /> The poets seem to be going through a period<br /> of inactivity, but Max Eastman has not only<br /> produced “ A Child of the Amazons, and Other<br /> Poems,” but also a work on “ The Enjoyment<br /> of Poetry.”<br /> <br /> The obituary list is happily not very large<br /> since last these notes appeared. At the end of<br /> March, Joseph Newton Hallock, editor of<br /> Christian Work and author of many religious<br /> books, died at Brooklyn. On April 27, Dr.<br /> Andrew Sloan Draper, State Commissioner of<br /> Education, ex-President of Illinois University,<br /> and author of ‘“‘ American Education,’ etc.,<br /> succumbed to heart disease. On May 11,<br /> Francis Fisher Browne, editor of The Dial, died<br /> in a Californian sanatorium, after a long<br /> illness, aged seventy. His best-known work,<br /> outside The Dial, was his “ Everyday Life of<br /> Abraham Lincoln.”’ He wrote verse himself,<br /> and made also several collections from English<br /> and American poets. In the notice of his<br /> death in The Dial itself it is pointed out that he<br /> conceived, projected, and for nearly a third of<br /> a century conducted that journal. John<br /> Sergeant Wise, who was a barrister as well as a<br /> writer, and had formerly been a soldier, died<br /> on May 12. Among his books were ‘‘ Recol-<br /> lections of Thirteen Presidents.” In mid-May<br /> the deaths occurred of John Hays Gardiner,<br /> ex-Professor at Harvard, and author of ‘‘ The<br /> Bible as English Literature,” “ Forms of Prose<br /> Literature,” etc.; and of William Henry<br /> Larrabee, a writer on popular science and at<br /> one time editor of The Methodist.<br /> <br /> Purp WALSH.<br /> <br /> eae<br /> <br /> ON THE ETHICS OF ADVERTISING.<br /> <br /> ++<br /> <br /> NE of the members of the committee of<br /> <br /> () the Society proposing the health of the<br /> <br /> publishers at a dinner, declared that it<br /> <br /> gave him great satisfaction to do so, as<br /> <br /> publishers were the most modest of mankind,<br /> <br /> for, he always understood they never advertised<br /> —at least authors told him so.<br /> <br /> There are cases, however, in which<br /> publishers do advertise, but in the wrong<br /> quarters, and in an objectionable manner.<br /> <br /> Complaints have come to the Society that<br /> publishers advertise by inserting their own<br /> catalogues of books at the end of 6s. novels<br /> or at the end of other books. This to some<br /> <br /> <br /> <br /> <br />  <br /> <br /> <br /> <br /> 306<br /> <br /> <br /> <br /> authors has been exceedingly annoying, but<br /> the form of agreement between the author and<br /> the publisher has precluded the former from<br /> taking any action. Indeed, in a case of this<br /> kind, it may be a little pedantic to object.<br /> When, however, the publisher not only adver-<br /> tises his own wares at the end of the book, but<br /> canvasses for advertisements from soap and<br /> pill manufacturers, as often happens in the case<br /> <br /> of cheap editions, then there is nothing<br /> pedantic in the author’s objections. As the<br /> <br /> issue of a cheap edition is seldom less than<br /> 20,000 copies, there is no doubt that the<br /> publisher takes this course in order to keep<br /> down the cost of production and to enable<br /> him to put some extra profits into his own<br /> pockets.<br /> <br /> The question of advertisements of the<br /> publisher’s own books may for the time be<br /> set aside, for though, in ‘the eyes of some<br /> authors, they may spoil the appearance of the<br /> issue, whether cheap or expensive, they are,<br /> at any rate, advertisements of books. But<br /> to other advertisements two objections might<br /> be raised—first, the ideal, secondly, the<br /> practical.<br /> <br /> From the author’s point of view it might<br /> be rightly argued, first, that the advertise-<br /> ments of pills, soaps, toilet powders, ete.,<br /> might damage and perhaps destroy the<br /> dignity of the work that is being put on the<br /> market ; secondly—the practical point—that<br /> if it is the intention of the publisher to obtain<br /> a large number of advertisements to fill up<br /> the beginning and the end of the book, he<br /> will thereby obtain considerable sums of<br /> money, and that the author should be entitled,<br /> therefore, to a larger payment on the cheap<br /> issue as a fair reward for his larger popularity.<br /> <br /> There is, however, a more disastrous method<br /> of advertising which has been adopted by some<br /> publishers in producing cheap editions, namely,<br /> the introduction of advertisements on pages<br /> facing the literary matter of the book. The<br /> same arguments put forward against the<br /> ordinary advertisements would hold good here<br /> also, but with trebly increased force ; first,<br /> that this method of advertising destroys<br /> entirely the dignity of the production; and<br /> secondly—the practical—that as a larger fee<br /> can be obtained for advertisements facing<br /> matter than for ordinary advertisements at the<br /> end of the book, therefore a still larger pay-<br /> ment should be made to the author.<br /> <br /> Whatever view is taken, the ideal or the<br /> practical, it seems quite clear that, under the<br /> clause which is not uncommon in publishers’<br /> agreements affecting the publishers’ control<br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> of the style and manner of the production of<br /> the work, the author would have little power<br /> to object. Publishers are, of course, trades-<br /> men, and look upon the production of books<br /> as any tradesman would look upon the produe-<br /> tion and sale of other articles of commerce,<br /> It is natural that they should look in the first<br /> instance to the profits, and, in consequence, it<br /> is not surprising that these methods of adver-<br /> tisement should be employed. Members of the<br /> Society of Authors must be cautioned in the<br /> first place not to let the right of reproduction<br /> in cheap form lie with the publisher who<br /> produces the 6s. book. There should always<br /> be a separate contract for the right of repro-<br /> duction in cheap form, as it is often important<br /> for financial reasons that the same publisher<br /> should not have the control of both.<br /> <br /> Secondly, in a Separate contract for the<br /> publication of a book in cheap form, the<br /> author should take particular care to insert a<br /> clause, if he desires to maintain the point of<br /> view of the dignity of literature, that adver-<br /> tisements are not to be inserted, save with his<br /> sanction, and in no circumstances facing the<br /> literary matter. If he desires to deal with the<br /> practical side, he should see that he obtains a<br /> share of the profit which, owing to the popu-<br /> larity of his work, may be derived from the<br /> advertisements. The author should be<br /> especially careful, if he is unable to keep the<br /> reproduction in expensive and cheap form<br /> separate, that these clauses should be included<br /> in the one agreement which deals with both<br /> issues.<br /> <br /> THE LETTERS OF AN ORDINARY<br /> AUTHOR.<br /> <br /> ee<br /> Collected and edited by Joun Hasterrte.<br /> <br /> v.<br /> To T. Vibert, Esq.<br /> Martins CorraGeE,<br /> SANTOLLER, Bucks.<br /> <br /> Dear Tommy,—As one who has passed<br /> through that phase of the craft which begins<br /> with hope, continues in suspense, and ends with<br /> an unfavourable decision—to be continued in<br /> your next (venture)—you shall be the first to<br /> hear that some misguided firm has at last<br /> agreed to take my first full-length work, ‘“‘ The<br /> Topmost Bough.” It is true! I have signed<br /> an agreement with Messrs. Aldine and Elzevir,<br /> and the joy of the 6d. revenue stamp still<br /> lingers with me.<br /> <br /> <br />  <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> Now that I have signed, I wish I had delayed,<br /> and asked you to look through the document<br /> for me. I have some knowledge of these<br /> things, a share of the sense called common,<br /> and a full sense of my own value—but, no<br /> novice is fitted to cope unassisted, with the<br /> pure man of business. I hate to bore you<br /> with questions of “‘ shop,” but T must unburden<br /> myself of a few details, and hope you will let<br /> me know if I have “ let myself in”!<br /> <br /> I think it was Carlyle who said something<br /> about cash being an insufficient nexus between<br /> man and man; it seems to me that it is nota<br /> bad one between author and publisher. To<br /> the cash then!<br /> <br /> The royalty they offer me begins with<br /> 10 per cent. It does not seem very big, but,<br /> of course, it is on the nominal price of the<br /> novel, and works out at about 17 per cent.<br /> on the price the publisher obtains per copy.<br /> I don’t grumble at that. A first novel is a<br /> speculation, and a greedy author is as bad as<br /> a greedy publisher—worse, for he is supposed<br /> to have some ideals. After 2,000 copies have<br /> been sold, I am to get 15 per cent. I can hear<br /> you saying that the 15 per cent. side of the<br /> affair need not trouble me. I have the same<br /> feeling, but hope buoys me up. I don’t think<br /> I have done wrong in agreeing to these terms<br /> now. Later on, if I get the ear of the public,<br /> I shall hustle for the bigger loaves and fishes.<br /> <br /> Now comes a clause which I swallowed with<br /> reluctance. The MS. has been out so often<br /> that I dare not hold back. This clause seems<br /> to give my_ publishers the marketing of<br /> American rights. Didn’t you tell me once<br /> that American book rights can be negotiated on<br /> one’s own; that it may often pay one better<br /> to market the U.S.A. book rights separately ?<br /> My common sense tells me that you are right.<br /> At the same time, there are occasions when a<br /> publisher can place your novel on the other<br /> side of the ocean more easily than you, the<br /> author, can. A first novel, I imagine, is one<br /> of these cases.<br /> <br /> Another clause commits to my publishers<br /> the Colonial rights. I feel more comfortable<br /> about this. I don’t think the beginner can<br /> do much alone in the Colonies. Publishers<br /> don’t seem to compete very eagerly for the<br /> mere colonial rights of a first novel, do<br /> they ?<br /> <br /> I hesitate rather before telling you that I<br /> have signed away serial rights. I know<br /> you will tell me that serial rights are worth<br /> money, and should never be thrown in for a<br /> 50 per cent. consideration. I do know that<br /> the average publisher cannot sell serial rights<br /> <br /> <br /> <br /> 307<br /> <br /> for half the prices agents can procure. But<br /> my difficulty will explain much to you. it 1<br /> stand out for all my rights, the publishers will<br /> probably return my MS. I cannot afford to<br /> lose a chance of getting into the novel market.<br /> Let this excuse soften your inflexible soul—<br /> also the fact that ‘“‘ The Topmost Bough”? is<br /> not quite adapted to the serial market. All<br /> books cannot be serialised, though a great<br /> many tales that are now published, in the first<br /> instance, as books, could have been sold profit-<br /> ably to the editors of periodical fiction. I<br /> assure you that I would have tried my novel<br /> with them if I had thought it publishable in<br /> instalments.<br /> <br /> There was one clause which I could not<br /> swallow. The inference I drew from it was<br /> that the average author must be a man with<br /> a big bank account, and a more considerable<br /> store of patience. It suggested that accounts<br /> should be made up half-yearly ; that accounts<br /> should be furnished to me three months later ;<br /> and that payment of the accounts should be<br /> made—well, three months later again! I<br /> have never been able to understand why<br /> accounts should be left to mature in the<br /> publisher’s hands, as if they were pints of<br /> wine and the publisher a bottler. It seems<br /> to me that it would be just as easy for the<br /> accounts to be forwarded when made up.<br /> What do you think ?<br /> <br /> At any rate I had no mind to wait six months<br /> before receiving the shekels. I pointed out,<br /> with some timidity, that I was not the first<br /> cousin of a millionaire. I waited in fear and<br /> trembling for the reply. Thank Heaven!<br /> it was quite amiable. I was not able<br /> to get what I wanted, but managed to<br /> split the difference. My accounts are to be<br /> presented—happy word—within a month of<br /> making up, and paid within another month.<br /> <br /> By the way, I have received a letter from a<br /> dear old uncle, congratulating me, and sug-<br /> gesting that I must interview the reviewers<br /> at once. He enclosed a cheque for £20, and<br /> hoped that I would drive a hard bargain with<br /> them! Dear old soul, how amusing is the<br /> ignorance of the outsider. He believes, as<br /> do others, I hear, that you pay the reviewers<br /> to praise your novels ! Here’s a problem like<br /> that set in the ladies’ papers: “‘ Ought I to<br /> keep the cheque ? ’’ I have solved the problem,<br /> I may say !<br /> <br /> Like a good soul, do let me hear what you<br /> think of the agreement. I have taken up all<br /> available space with it ; only leaving room for<br /> the hope that Mrs. Tommy is in her usual<br /> excellent health, and that the young Tommy<br /> <br /> <br />  <br /> <br /> 308<br /> <br /> <br /> <br /> is becoming aware of your temperamental<br /> aversion from sudden howls !<br /> I remain,<br /> Ever yours,<br /> RoBert WYVERN.<br /> <br /> VI.<br /> To T. Vibert, Esq.<br /> Marins Corrace,<br /> SANTOLLER, Bucks.<br /> <br /> Dear Tommy,—I was glad to hear from you.<br /> Your letter was salutary. It has quite<br /> mastered my new born belief that I have in<br /> me the making of a business man.<br /> <br /> Peccavi! I was an ass to give up my serial<br /> and American rights in ‘ The Topmost<br /> Bough ” for a mess of 50 per cent. pottage.<br /> You say that publishers will try a novel with<br /> three or four U.S.A. publishers, and failing<br /> these, will either drop the business, or try to<br /> sell a few hundred sets of sheets, for which<br /> the author will receive a few paltry pounds.<br /> After reflection, I agree to that asa general<br /> principle. But there are a few righteous men<br /> even in the publishing trade—your publisher,<br /> for instance, and Messrs. ,» and also<br /> Messrs. Some day I hope to settle<br /> myself on the lap of these, and then all will<br /> be well. Yet I admit my present fault.<br /> For the future “I will be good.” I shall set<br /> out again, armed with your useful advice.<br /> <br /> Again to work. A new novel calls me.<br /> What about employing a new agent ? What<br /> are your views on agents anyway ?<br /> <br /> Yours affectionately,<br /> Ropert WyYvERN.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> oe<br /> <br /> GABRIELE D’ANNUNZIO.<br /> <br /> t is very difficult to deal with d’Annunzio<br /> as one would with an ordinary writer, for<br /> his works are not meant for the masses,<br /> <br /> and would be gall to the conventional-minded<br /> mediocrity, and poison to the spiritually<br /> inclined. To be really in sympathy with his<br /> views it is necessary to be by hature a d’Annun-<br /> zian, just as to fully appreciate Nietzsche one<br /> must be born a Nietzschian. There is an<br /> innate similarity between these writers, for the<br /> latter said: “ L’homme doit étre élevé pour la<br /> guerre, et la femme pour le délassement du<br /> guerrier (and) la vie est une source de joie,”<br /> and the former insists upon it to such an extent<br /> that, from his earliest works, he asserted that<br /> when boredom had followed joy and pleasure,<br /> <br /> THE AUTHOR.<br /> <br /> <br /> <br /> these were to be recaptured at all costs, even if<br /> they came not naturally, but through artificial<br /> stimulus.<br /> <br /> In Italy d’Annunzio created a style of his<br /> own, known as d’Annunziano, which has<br /> numberless followers amongst the writers of<br /> the younger generation, who call themselves<br /> d’Annunziani in homage to their master ;<br /> nevertheless, a great hostile current rose u<br /> against him. Apparently, it was impossible to<br /> divide the man from his works, and, in con-<br /> demning the former, many have banned the<br /> latter; and thus, the greatest living Italian<br /> writer, having many grievances against his<br /> countrymen, retired to France, a voluntary<br /> exile. After having mortally wounded his<br /> feelings by selling up his home and his treasured<br /> mementos, the Italians offered to get up a<br /> subscription to purchase another house for<br /> him, as a gift and in homage to his genius ;<br /> but he would accept no favour from the people<br /> who had caused him so much anguish, and he<br /> recently declared that he preferred to make his<br /> home himself, when and where he chose.<br /> Though he may have left Italy, and written his<br /> last work, ‘‘ St. Sebastian,” in French, still, his<br /> writings are the essence of Italianism ; he is<br /> the true exponent of the imaginative and the<br /> artistic which is inborn in the Italian nature.<br /> There has been some doubt as to his age, but<br /> he himself said : “‘ I was born in 1864 on board<br /> the brigantine Irene in the waters of the<br /> Adriatic. In Pescara they considered me an<br /> infant prodigy, so strange was my precocity.”<br /> At the age of fifteen he was a full-fledged poet,<br /> and had written four poems, which are charac.<br /> teristic of him: “ Gentle Hour,” “ Joyous<br /> Hour,” ‘‘ Sombre Hour,” ‘Satanic Hour.”<br /> In the first, his mind is perfectly serene, and<br /> he dreams tranquil, peaceful dreams. In the<br /> second, he is gay, he revels in the sky, the sea,<br /> the sunshine, in all that is beautiful and lovable<br /> in nature. In the third, a gloom has come<br /> over his spirit; he has tasted deception—<br /> weariness and boredom follow. When he tries<br /> to analyse the multitudes, he finds them<br /> strange; their ways are not his Ways, and<br /> his heart grows heavy within him. But his<br /> despondency is temporary; joy must be<br /> reached, merriment must return: He longs<br /> for the drunkardness which prostrates the soul<br /> and senses, the inane noise and laughter of<br /> orgies, in which weird loves, kisses, and spark-<br /> ling wine chase away all consciousness of pain.<br /> He longs for madness, and for Satan’s great big<br /> wings of flame, which can carry him away from<br /> humanity, its meanness, its miseries, its same-<br /> ness. And, in the ‘ Satanic Hour,” he calls<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />  <br /> <br /> THE AUTHOR.<br /> <br /> <br /> <br /> <br /> to Satan: ‘‘ Come near me ; inspire me, I am<br /> your own!”<br /> <br /> “The flesh and the devil have always been<br /> coupled, so there is nothing incongruous in the<br /> appeal of this errant knight of matter to the<br /> power of darkness.<br /> <br /> D’Annunzio is now fifty; from the age of<br /> sixteen he has produced incessantly poems,<br /> novels, dramas, plays. For a quarter of a<br /> century he stood out supreme : “The Immagi-<br /> nifico,” as he was rightly called, which means,<br /> “The Creator of Images”; then his magic<br /> brain seemed to weary. His books are so<br /> numerous they defy description. In quoting<br /> them I will divide them according to their<br /> nature, and the crisis they represent in the<br /> mentality of their author.<br /> <br /> “Prima Vere” (1879), ‘Canto Novo”<br /> (1883), ‘‘ Terra Vergine ”’ (1883), ‘“‘ Il Libro<br /> delle Vergini ” (1884).<br /> <br /> Sensual Crisis—‘ Intermezzo di rime”<br /> (1884), “ San Pantaleone ” (1886), ‘‘ Il Piacere”’<br /> (1889), ‘‘Isotteo e la Chimera” (1890),<br /> “Elegie Romane” (1892), “ Poema Para-<br /> disiaco”’ (1893), “Il Trionfo della Morte”<br /> (1894), ‘‘ Le novelle della Pescara ”” (1902).<br /> <br /> Moral Crisis. —‘* Giovanni Episcopo ”’ (1892),<br /> “TInnocente ” (1892) (The Advent of the Super-<br /> man), ‘ Odi Navali”’ (1893), “ Allegoria dell’<br /> Autunno ” (1895), ‘‘ Le Vergini delle Roccie ”<br /> (1896), “‘ Sogno di un mattino di primavera -<br /> (1897), ‘‘ Sogno di un tramonto di Autunno ”<br /> (1898), ‘« La Citta Morta ” (1898), ** La Gloria ”’<br /> (1899), ‘‘ La Gioconda ” (1899), “ Il Fuoco ”<br /> (1900).<br /> <br /> Victorious Age‘ Francesca da Rimini”<br /> (1902), ‘“‘ Laudi del Ciclo, del Mare, della Terra,<br /> e degli Eroi” (1903-1904), “La Figlia di<br /> Jorio ”’ (1904), “ La Fiaccola sotto al Moggio ”<br /> (1905).<br /> <br /> Decadence.—‘‘ Piu che VAmore’” (1907),<br /> “Ta Nave” (1908), ‘“ Fedra” (1909), then<br /> ““ St. Sebastian ”’ (in French).<br /> <br /> Of these Messrs. Heinemann have published<br /> seven translated into English: “ The Flame<br /> of Life” (“Il Fuoco’), “The Dead City ”<br /> (‘‘ La Citta Morta ”’), “‘ Francesca da Rimini,”<br /> ** Gioconda,”’ ‘The Child of Pleasure’’ (“ Ul<br /> Piacere”’), ‘The Triumph of Death” (“Il<br /> Trionfo della Morte ’’), “‘ The Virgins of the<br /> Rocks” (‘‘Le Vergini delle Roccie”’), and<br /> <br /> e* L’Innocente ” (“‘ The Intruder ”’) is published<br /> in English by G. H. Richmond, of New York.<br /> <br /> The chief characteristic of d’Annunzio’s<br /> works is his love of beauty, to which he sacri-<br /> fices every other consideration and conception<br /> <br /> oflife. He forces himself to find beauty every-<br /> where by intellectual idealisation ; believing<br /> <br /> <br /> <br /> <br /> <br /> 309<br /> <br /> that the whole world of matter is susceptible<br /> to aesthetic ennoblement. Starting from the<br /> principle that nothing holds an absolute value,<br /> and that man is the creator of values, he<br /> advises men to set themselves free, by throwing<br /> down barriers and renewing values.<br /> <br /> One cannot judge d’Annunzio’s characters<br /> from the standpoint of ordinary, everyday<br /> beings ; his heroes and heroines live a life apart,<br /> exceptional, yet natural to themselves; they<br /> are lifelike in their own surroundings, but they<br /> could not live their lives in an ordinary<br /> atmosphere such as we are generally familiar<br /> with.<br /> <br /> There are no mediocrities amongst them, no<br /> failures; their surrender is joyous, their lan-<br /> guage is not made up of common words, but is<br /> high-flown, poetic, magnificent, in keeping<br /> with rhythmical movements, which come<br /> natural to them, with bejewelled, expressive<br /> hands, silken garments, tresses of gold and eyes<br /> of turquoise, or raven locks and eyes of jet.<br /> D’Annunzio in portraying them has _ not<br /> studied his characters from Nature, and then<br /> overdrawn them, or exaggerated their points<br /> incongruously ; he has first conceived them in<br /> his own brain—wonder-creatures of his own,<br /> with passionate, sensitive natures—then he has<br /> given them birth and created his characters of<br /> the stuff of which maybe a super-species might<br /> be made. D’Annunzio declares that whoever<br /> robes himself with sorrow is a slave, and that<br /> pleasure is the best way of understanding<br /> Nature. He does not exalt suffering; he sees<br /> the greatest wisdom embodied in him who, in<br /> spite of all experiences, has much rejoiced. To<br /> create joy, to create with joy instead of pain,<br /> to be only conscious of the joy in life, is to him<br /> a supreme virtue. In “The Triumph of<br /> Death ” there are traces of d’Annunzio’s find-<br /> ing of Nietzsche ; one can see the great natural<br /> affinity of the two master minds, and, in truth,<br /> to realise fully either of them it is necessary to<br /> feel with them, for no mere effort of abstract<br /> reasoning can make them comprehensible or<br /> acceptable. D’Annunzio throws down the<br /> walls of reality, in which human convention<br /> reigns supreme ; he detests repression, routine,<br /> passiveness, and the monotonous greyness of<br /> the roads of least resistance. He idolises<br /> beautiful bodies, whether they are inhabited<br /> by beautiful souls or not ; he idealises life, but<br /> materialises love ; he does not attempt to free<br /> human love of passion; he does not seek<br /> spirituality, nor does he attempt to lift love to<br /> the spheres of the divine. For him Love, like<br /> Beauty, is enough unto itself.<br /> <br /> One is fascinated by d’Annunzio’s art irre-<br /> <br /> <br />  <br /> <br /> 310<br /> <br /> sistibly, even though one feels its artificiality ;<br /> even though one knows instinctively that his<br /> works have been created for our pleasure, his<br /> people have been conceived out of pleasure,<br /> and will be consumed by pleasure.<br /> <br /> Exalted, sublime, magnificent pleasure is not<br /> often met with in daily life. Those who<br /> hunger for a vision of it can find it in “I<br /> Fuoco,” “Tl Piacere,” “ L’Innocente,”’ ‘‘ Laudi<br /> del Cielo, del Mare, della Terra e degli Eroi,”’<br /> and in “Il Trionfo della Morte.”<br /> <br /> Whoever wishes to dream a dream of loveli-<br /> ness should read d’Annunzio, and be introduced<br /> to luxurious women, consumed by fire; to<br /> serene, immovable, unfathomable women, with<br /> eyes reflecting infinity ; to shapely, beautiful,<br /> white, jewelled hands; perfectly modelled<br /> human forms ; amber, silk and gold; they<br /> will be dazzled by so much magnificence, and<br /> be intoxicated by the perfume of exotic flowers<br /> and deep-red roses.<br /> <br /> E. S. Romero-Topesco.<br /> <br /> ——_—_ &gt;&lt;<br /> <br /> SIR ALFRED LYALL.*<br /> <br /> —+—— +<br /> <br /> HIS book, Sir Mortimer Durand tells us<br /> T in his Preface, was undertaken at the<br /> request of Lady Lyall and the family.<br /> It is a worthy memorial to a very distinguished<br /> man. To give it an adequate notice would<br /> require more space than is at our disposal.<br /> We must, therefore, content ourselves with a<br /> brief indication of the manner of portrait which<br /> the biographer paints of his subject.<br /> <br /> Alfred Comyn Lyall was born on J anuary 4,<br /> 1835, and died suddenly of heart-failure on<br /> April 10, 1911, while a guest of Lord and Lady<br /> Tennyson at Farringford. In that long period<br /> he was educated at Eton and Haileybury ;<br /> went out to the Indian North-West Provinces<br /> in his twenty-first year; passed through the<br /> Mutiny, with a narrow escape from death;<br /> rose to be Home Secretary at Calcutta when he<br /> was thirty-seven, and Agent to the Governor-<br /> General in Rajputana next year; at forty-<br /> three became Indian Foreign Secretary, and at<br /> forty-seven Lieutenant-Governor of the North-<br /> West Provinces. At the end of 1887, after a<br /> serious illness, he retired from the country<br /> where he had spent thirty-two years, and<br /> <br /> <br /> <br /> * “Lite of Sir Alfred Comyn Lyall, K.C.B., G.C.LE.,<br /> D.C.L., LL.D,” by Sir Mortimer Durand. Illustrated,<br /> <br /> Edinburgh and London: Wm. Blackwood &amp; Sons<br /> 16s. net.<br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> t<br /> 1<br /> <br /> <br /> <br /> accepted a seat on the Council of India. He |<br /> could have had the Governorship of the Cape |<br /> or New Zealand, but declined both. He would |<br /> have liked the Viceroyalty of India in 1898, but<br /> Lord Elgin was appointed in his stead. In<br /> 1903 he retired from public, but by no means |<br /> from active life. To his last moment he was |::)<br /> talking, writing, and working as brilliantly as |<br /> ever. Having spoken of his death, Sir Mor- |.»<br /> timer Durand says: “ His life was a full and || «<br /> varied one . . . as happy as a man’s life ever<br /> is. . . . Among the men I have known there<br /> have been few of such rare<br /> and not one who had the power of inspiring, in |<br /> those who really knew him, a deeper trust and |<br /> affection.”<br /> The last chapter of the book is devoted to |.<br /> Lyall’s literary work, “ by which:he is best |<br /> known in England, and now, perhaps, even in<br /> India.” He produced (apart from his con-<br /> tributions to the leading reviews) five books, in<br /> addition to a small volume of verse; not a<br /> large total for an author, but then he was an<br /> official up to the age of sixty-eight. ‘The<br /> conditions which limited the quantity of Lyall’s<br /> literary work ”—this is Sir Mortimer Durand’s<br /> summing-up—*‘ had an important effect upon<br /> its quality. His writings, whether in verse or<br /> prose, show throughout the hand not of a<br /> <br /> <br /> <br /> qualities andcharm, | 4<br /> <br /> !<br /> <br /> literary man pure and simple, but of a man of<br /> <br /> action with literary tastes.<br /> they lack in some measure the finish, the per-<br /> fection of technique, which as a rule comes only<br /> by long and incessant practice at one craft ;<br /> certainly they are full of knowledge, and<br /> marked by the power of thought, which can be<br /> acquired only by taking a part in the affairs of<br /> the world. Whether the gain outweighs the<br /> loss, or the loss outweighs the gain, may be<br /> disputed. . . . Apart from this question, the<br /> main characteristic of Lyall’s work, both in<br /> verse and prose, is its truthfulness, its careful<br /> regard for the realities of life. . . . His literary<br /> work leaves in the mind of any careful reader a<br /> feeling not only of keen pleasure but of con-<br /> viction and confidence.”<br /> <br /> We could quote much more, but will refrain,<br /> having (we hope) done enough to show that<br /> this biography is one which, by the sympathy<br /> between author and subject, must attract the<br /> intelligent reader, whether he be one to who<br /> the active, or one to whom the literary, side *<br /> a life like Lyall’s appeals. 0<br /> <br /> It may be mentioned that Sir Alfred Lyall<br /> was for many years a member of the Society of<br /> Authors, and on the Society’s Council. “He<br /> took a great interest in the dispute concerning<br /> the action of the “Times” Book Club.<br /> <br /> <br /> <br /> <br /> <br /> oe Lae lees mie ee<br /> <br /> It is possible that :<br /> <br /> see i al<br /> <br /> <br /> <br /> <br /> <br /> <br />  <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR. 311<br /> <br /> CORRESPONDENCE.<br /> <br /> —<br /> AUTHOR AND AGENT.<br /> <br /> I.<br /> <br /> sir, So long as my friend Wells is content<br /> to speak for himself about agents I am ready<br /> to listen in respectful silence, but when he<br /> begins to speak for “ all sensible authors,” I<br /> must protest. I maintain that lama sensible<br /> author. If lampoonists and satirists are to be<br /> * telieved, I have a re utation for considerable<br /> husiness acumen. Bluntly, I think this repu-<br /> tation is deserved.<br /> <br /> As one “ sensible author,” I wish to “ pro-<br /> chim clearly” that I should not dream of<br /> employing agents only “for specific jobs.”<br /> On the contrary I am absolutely convinced<br /> that every author of large and varied output<br /> ought to put the whole of his affairs into the<br /> hands of a good agent, and that every such<br /> author who fails to do so loses money by his<br /> omission, I admit that some agents are bad.<br /> Iknow that some are good. A good agent will<br /> do a specific job better than an author, partly<br /> because he knows the markets better, and<br /> partly because he is an expert in the diplomacy<br /> of bargains. But a good agent is sho very<br /> valuable in utilising opportunities as they<br /> arise—opportunitics of whose very existence<br /> the author is ignorant. I reckon that in the<br /> latter activity alone a good agent recoups an<br /> author again and again for the whole of his<br /> commission.<br /> <br /> In my experience it is precisely when agents<br /> are employed only for “‘ specific jobs” that<br /> trouble comes.<br /> <br /> Wells, my senior, once advisea—nay, com-<br /> oo to go to an agent. With my<br /> oe Ididso. He told me to put the<br /> laa of my affairs into the hands of the agent.<br /> — so. I have never regretted it. I have<br /> a had the slightest agency trouble as the<br /> je — following Wells’ advice. I am quite<br /> <br /> t if I had not followed his advice I<br /> <br /> a be very decidedly worse off than I am.<br /> ce pe to Wells is lasting. That<br /> an 0 some thirteen years ago. Experi-<br /> t led Wells to change his views.<br /> Experience has only confirmed me in my<br /> 4 formerly his. He may be right; I<br /> ee be wrong. I will not dog tise. But<br /> <br /> Must not speak for ‘‘ all sensible authors.”<br /> <br /> Yours faithfully,<br /> ArNoLD BENNETT.<br /> <br /> fl am obliged to the Editor for a sigh<br /> ght of<br /> A B’s letter in proof. His fault has ever<br /> <br /> modesty, I deplore my forgotten advice.<br /> <br /> His reputation was already made in those days,<br /> his future secure. Without that “(good agent”<br /> he must still have had all his present prosperity<br /> plus ten per cent. How are we to prove these<br /> things? Shall we sit down together and<br /> discuss our translations, our serializations ?<br /> Details in public would be difficult. I must<br /> talk privately to E. A. B. in this connexion.<br /> H. G. W.]<br /> <br /> ——_-— &gt; —<br /> <br /> Il.<br /> <br /> Dear Sir,—May I suggest to Mr. H. G.<br /> Wells that whereas there is only one H. G.<br /> Wells there are thousands of mere Smiths<br /> existent in the literary vale of tears who have<br /> good cause to be thankful for the intervention<br /> of Messrs. Agency, Clause &amp; Co.<br /> <br /> As a mere Smith I was guilty of a first<br /> novel. I + a three weary years and many<br /> stamps in the effort to bring various publishers<br /> to see the worth of it as a masterpiece. Out<br /> of ten firms I received one offer to publish<br /> for £50. Fortunately, perhaps, I was not in<br /> the position to pay It, otherwise the lust for<br /> self-gratification might have proved too strong<br /> and I had fallen. Just as I came to realise<br /> what ‘hope deferred” meant, a friend<br /> introduced me to an agent. He accepted my<br /> MS. for negotiation. Within two months he<br /> forwarded me a contract from a big ‘“‘ solvent ”<br /> firm. The publishers took all risks; I<br /> retained all rights. As is usual with the bulk<br /> of first novels I received no pecuniary benefit<br /> from my work—neither did the agent! Yet<br /> he has, to my knowledge, disbursed some<br /> 80s. in stamps, etc. on my behalf—without<br /> return! I will say nothing of his many kind-<br /> nesses in other ways. No doubt he hopes to<br /> recoup his outlay in the future; I sincerely<br /> hope he’ll have the i I should<br /> consider 10 per cent. wel earned by the man<br /> who placed me on the first step of a ladder<br /> which reached to the heights of an H. G. Wells<br /> reputation—and income !<br /> <br /> Sincerely yours,<br /> AMERE SMITH.<br /> <br /> ——<br /> <br /> BEGINNERS’ AGREEMENTS.<br /> <br /> Dear Sir,—May I say a little more in re ly<br /> to the second letter of “ J ustice ’? in your last<br /> issue? At the risk of seeming obtrusive with<br /> my business particulars I feel that with a very<br /> little trouble to myself I may be of some real<br /> service to the numerous beginner-writers who<br /> are destined to produce, among other matter,<br /> much of the literature of to-morrow. 4<br /> <br /> <br />  <br /> <br /> <br />  <br /> <br /> <br /> <br /> <br /> 312<br /> <br /> Then let me relate that I did not begin with<br /> books—I could not afford the time. I think<br /> that was a very lucky restraint. I had to<br /> live, and so I learnt to write before I thought of a<br /> book. I had already made a little reputation,<br /> when the time came for dealings with a<br /> book publisher. I published three books<br /> almost simultaneously. I got 10 per cent. for<br /> each, and advances of £5 (for a very flimsy<br /> little volume of newspaper articles), £50 (for<br /> a continuous story published at 1s. 6d. that<br /> had already had a success as a serial), and<br /> £20 (for a volume of short stories), respectively.<br /> (The short story volume only was published<br /> through an agent.) These are, I think, very<br /> fair beginner’s terms. A _ beginner should<br /> always demand a cheque on account of<br /> royalties as a guarantee of good faith, and a<br /> royalty of 10 per cent. gives the publisher a<br /> very handsome margin of profit. It is no<br /> good to the beginner to be greedy about the<br /> royalty. I mentioned 25 per cent. in my last<br /> letter as the ideal for an established writer.<br /> What a beginner needs is advertisement and<br /> pushful selling, and that is guaranteed by the<br /> cheque on account. Better for him 10 per<br /> cent. and £50 down, than 25 per cent. and<br /> nothing down.<br /> <br /> One of these first three books was the ‘ Time<br /> Machine.” I had previously refused an invita-<br /> tion from Mr. X. to undertake part of the<br /> expense of publication and trust to him. At<br /> times we meet, and I remind him of that<br /> incident. He is quite a well-known publisher.<br /> <br /> It has been a matter of regret to me that<br /> those first three agreements were not limited to<br /> a term of years. No just publisher will<br /> object to such a limitation upon the part of a<br /> beginner,—five or seven years is reasonable ;<br /> and it affords an opportunity for rearrangement<br /> if the beginning develops into success.<br /> <br /> Also let me assure the beginner that it is<br /> particularly ridiculous for him to trust to<br /> agents. If an agent were your agent only, or<br /> agent only for you and a select group of<br /> authors, there might be some sense in giving<br /> over your affairs to him; but every literary<br /> agent seems promiscuously disposed to grab 10<br /> per cent. of any transaction going, and it is so<br /> obviously to every agent’s interest to “ keep<br /> in” with publishers and so unimportant to<br /> them whether they grab their tenths on this<br /> man’s work or that man’s work, that except in<br /> the case of very big and conspicuous and<br /> valuable authors indeed—and every agent<br /> must, of course, be able to claim one or two<br /> <br /> big authors, commercially speak; -<br /> can get his chance on . before he<br /> <br /> minor crowd—<br /> <br /> THE AUTHOR.<br /> <br /> I do not see how any real services can<br /> pected from them. It is just because<br /> them now taxing the writing public at large on<br /> the strength of one or two generously<br /> special cases, that I am calling attention to the<br /> <br /> ordinary facts and the plain common sense of §<br /> <br /> the agency business. It is not simply that<br /> <br /> ents need not and do not display any ex. |»<br /> clusive loyalty to their clients ; most of them }<br /> <br /> get the money so easily that they do not even<br /> trouble to draw tolerable agreements, save<br /> American copyright, secure complete serialisa-<br /> <br /> tion, realise minor rights, or do the most i‘<br /> <br /> manifest duties of their position. No t<br /> that I have ever heard of can aa<br /> <br /> most of the British agents know no langu<br /> but English. I can speak of only one<br /> efficient agent in London at the present time,<br /> and he deals in a speciality, the negotiation of<br /> serials. I am told, but I have no sure know-<br /> ledge, that another understands this new and<br /> ~ cinematograph business. He limits<br /> is work as every genuine agent should to a<br /> specified list of clients. There may be yet<br /> others meritorious, but unknown to me,<br /> <br /> I quite — with “ Justice ’’ that it would<br /> be easy to draw up a standard agreement that<br /> would cover all the possibilities of most books,<br /> and which would be fair to both author and<br /> publisher. I think, indeed, this Authors’<br /> Society Model Agreement is a little overdue.<br /> 1 should be very pleased to assist in its pre-<br /> paration.<br /> <br /> H. G. Weis.<br /> ee<br /> <br /> UNREVIEWED Books.<br /> <br /> Sir,—I saw recently in The Author &amp;<br /> complaint that books sent for review were not<br /> reviewed. I have written a few scientific<br /> books and I always, before sending a copy for<br /> review, inquire whether it will be reviewed<br /> and within what time. Unless the reply &#039;s<br /> fairly definite I do not send a copy. In the<br /> case of cheap books printed in large numbers<br /> it is, perhaps, not worth while to proceed as<br /> above, but in that case is it fair to expect 4<br /> paper to review every book received ?<br /> <br /> I am, etc.,<br /> E. S. BELLASIS.<br /> a:<br /> <br /> Nore.—The Editor re<br /> pressure of space he has i<br /> among the Correspondence various letters d<br /> the question of “Authors and Agents, ek<br /> “Unreviewed Books.” He regrets this all |!<br /> more as The Author will not appear again ©<br /> <br /> ‘ts that owing to<br /> en unable to insert<br /> <br /> <br /> <br /> handle ©<br /> translation business, for example, and, indeed, |<br /> <br /> <br /> <br /> be ex. fo «<br /> lo At<br /> <br /> grateful |<br /> <br /> @<br /> <br /> et ,<br /> <br /> tS&quot;)<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />  <br /> <br /> —<br /> <br /> x —<br /> &quot;tic a<br /> <br /> <br /> <br /> <br /> <br /> }<br /> i<br /> i<br /> tT<br /> <br /> ADVERTISEMENTS.<br /> <br /> <br /> <br /> tYPEWRITING.<br /> <br /> 25, ESQ., of Hindhead, Surrey, writes :—<br /> nyperT WALES &quot;the oe of my novel... which you<br /> I like to thank you for the admirable way the<br /> i * jone. 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Lp., and Published by them for THE Sociwry or AUTHORS (Ixooaroms7s?)<br /> y at 10, Bouverie Street, London, E.C.<br /> <br /> <br /> <br /> <br />  <br /> <br /> <br />  <br /> <br /> <br /> <br /> <br /> <br /> <br />  <br /> <br /> <br /> <br /> THE COMMONWEALTH OF AUSTRALIA.<br /> <br /> COPYRIGHT.<br /> <br /> No. 20 oF 1912.<br /> AN ACT RELATING TO COPYRIGHT.<br /> <br /> [Assented to 20th November, 1912.]<br /> <br /> BE rr ENACTED by the King’s Most Excellent Majesty, the Senate, and the House of<br /> Representatives of the Commonwealth of Australia, as follows :—<br /> <br /> PART JI.—PRELIMINARY.<br /> <br /> 1. This Act may be cited as the Copyright Act 1912.<br /> <br /> 2. This Act is divided into Parts as follows :—<br /> Part I.—Preliminary.<br /> Part JI.—Copyright.<br /> Part IJ],—Summary Remedies.<br /> Part [V.—The Copyright Office.<br /> Part V.—WMiscellaneous.<br /> 3. In this Act, unless the context otherwise requires—<br /> (a) “ the British Copyright Act” means the Copyright Act 1911 of the United<br /> Kingdom (1 &amp; 2 Geo. 5, c. 46) ;<br /> (b) words and expressions defined in the British Copyright Act have the same<br /> meanings as in that Act ;<br /> (c) “ Territory ” means a Territory of the Commonwealth which is part thereof.<br /> <br /> 4, The Copyright Act 1905 is repealed.<br /> <br /> 5. The Copyright Office established under the Copyright Act 1905, and any officers<br /> appointed under that Act, shall continue as if established or appointed under this Act.<br /> <br /> 6. Where, in pursuance of any proclamation™ issued under the Copyright Act 1905,<br /> the administration of any State Copyright Act has become transferred to the Common-<br /> wealth, such administration shall continue to be so transferred to the same extent and<br /> subject to the same terms and conditions as if the Copyright Act 1905 still remained<br /> in force.<br /> <br /> 7. All Registers of Copyrights established under the Copyright Act 1905 shall<br /> continue as if established under this Act.<br /> <br /> * See proclamation in Gazette of 26th January, 1907, p. 435.<br /> <br /> Short title.<br /> <br /> Parts.<br /> <br /> Definitions.<br /> <br /> Repeal.<br /> <br /> Continuance<br /> of Copyright<br /> Office.<br /> <br /> Continuance<br /> of Adminis-<br /> tration of<br /> State Copy-<br /> right Acts,<br /> <br /> Continuance<br /> of Registers<br /> of Copyrights.<br /> Adoption of<br /> British Copy-<br /> right Act.<br /> <br /> Modifications<br /> to adapt the<br /> British Copy-<br /> right Act to<br /> the Common-<br /> wealth.<br /> <br /> Importation<br /> of copies.<br /> <br /> 1 &amp; 2 Geo. 5,<br /> c. 46, s. 14,<br /> <br /> ea :<br /> <br /> PART II.—Copyricut.<br /> <br /> 8. The British Copyright Act, a copy of which is set out in the Schedule to this Act,<br /> shall, subject to any modifications provided by this Act, be in force in the Commonwealth,<br /> and shall be deemed to have been in force therein as from the first day of July, One<br /> thousand nine hundred and twelve.<br /> <br /> 9. In the application of the British Copyright Act to the Commonwealth—<br /> <br /> (a) any powers of the Board of Trade under section three may be exercised by the<br /> Governor-General ;<br /> <br /> (v) the reference in sub-section (4.) of section nineteen to arbitration shall be<br /> read as a reference to arbitration under the law of the State or Territory in<br /> which the dispute occurs, and the reference in sub-section (6.) of that section<br /> to the Board of Trade shall be read as a reference to the Governor-General ;<br /> <br /> (c) the reference in section twenty-two to the Patents and Designs Act 1907<br /> shall be read as a reference to the Designs Act 1906, and the reference in<br /> that section to section eighty-six of the Patents and Designs Act 1907 shall<br /> be read as a reference to section forty-one of the Designs Act 1906 ; and<br /> <br /> (d) the reference in section twenty-four to the London Gazette and two London<br /> newspapers shall be read as a reference to the Commonwealth Gazette and one<br /> newspaper published in each of the capital cities of the Australian States.<br /> <br /> 10.—(1.) Copies made out of the Commonwealth of any work in which copyright<br /> subsists which if made in the Commonwealth would infringe copyright, and as to which<br /> the owner of the copyright gives notice in writing by himself or his agent to the<br /> Comptroller-General of Customs, that he is desirous that such copies should not be<br /> imported into the Commonwealth, shall not be so imported and shall, subject to the<br /> provisions of this section, be deemed to be prohibited imports within the meaning of the<br /> Customs Act 1901-1910.<br /> <br /> (2.) Before detaining any such copies, or taking any further proceedings with a view<br /> to the forfeiture thereof, the Comptroller-General of Customs or the Collector of Customs<br /> for the State may require the regulations under this section, whether as to information, con-<br /> ditions, or other matters, to be complied with, and may satisfy himself in accordance with<br /> those regulations that the copies are such as are prohibited by this section to be imported.<br /> <br /> (3.) The Governor-General may make regulations, either general or special, respecting<br /> the detention and forfeiture of copies, the importation of which is prohibited by this<br /> section, and the conditions, if any, to be fulfilled before such detention and forfeiture, and<br /> may, by such regulations, determine the information, notices, and security to be given,<br /> and the evidence requisite for any of the purposes of this section, and the mode of<br /> verification of such evidence.<br /> <br /> (4.) The regulations may apply to copies of all works, the importation of copies of<br /> which is prohibited by this section, or different regulations may be made respecting<br /> different classes of such works.<br /> <br /> (5.) The regulations may provide for the informant reimbursing the Comptroller-<br /> General of Customs or the Collector of Customs for the State all expenses and damages<br /> incurred in respect of any detention made on his information, and of any proceedings<br /> consequent on such detention ; and may provide for notices under the Copyright Act 1905<br /> being treated as notices given under this section, and also that notices given to the<br /> Commissioners of Customs and Excise of the United Kingdom and communicated by<br /> <br /> <br /> <br /> <br /> them to the Comptroller-General of Customs shall be deemed to have been given by the<br /> owner to the Comptroller-General.<br /> <br /> (6.) This section shall have effect as the necessary modification of section fourteen of<br /> the British Copyright Act.<br /> <br /> 11.—(1.) Subject to this section, the Governor-General in Council may, by Order,<br /> direct that the British Copyright Act and this Act sball extend to literary, musical,<br /> dramatic, and artistic works first produced or published in any part of the King’s<br /> Dominions to which the British Copyright Act does not extend, in like manner as if the<br /> works had been first published or produced in the Commonwealth.<br /> <br /> (2.) Any Order made in pursuance of this section may provide—<br /> <br /> (a) that the term of copyright shall not exceed that conferred by the law of the<br /> part of the King’s dominions to which the Order relates ;<br /> <br /> (b) that the enjoyment of the rights conferred by virtue of the Order shall<br /> extend to the Commonwealth only, and shall be subject to the accomplish-<br /> ment of such conditions and formalities as are prescribed by the Order ;<br /> <br /> (c) for the modification of any provision of the British Copyright Act or this<br /> Act as to ownership of copyright or otherwise, having regard to the law of<br /> the part of the King’s dominions to which the Order relates ; and<br /> <br /> (d) that the British Copyright Act and this Act may extend to existing works<br /> in which copyright subsists in the part of the King’s dominions to which<br /> the Order relates, but subject, to such modifications restrictions and pro-<br /> visions as are set out in the Order.<br /> <br /> (3.) An order in pursuance of this section shall only be made in case the Governor-<br /> General in Council is satisfied that the part of the King’s dominions in relation to which<br /> the Order is proposed to be made has made, or has undertaken to make, such provisions,<br /> if any, as he thinks sufficient for the protection of works first produced or published in<br /> the Commonwealth and entitled to copyright therein.<br /> <br /> 12.—(1.) The Governor-General in Council may make Orders for altering, revoking,<br /> or varying any Order in Council made by him in pursuance of any power conferred upon<br /> him by the British Copyright Act or this Act, but any Order made under this section<br /> shall not affect prejudicially any rights or interests acquired or accrued at the date when<br /> the Order comes into operation, and shall provide for the protection of such rights and<br /> interests.<br /> <br /> (2.) Every Order in Council made by the Governor-General in pursuance of any<br /> power conferred upon him by the British Copyright Act or this Act shall be published in<br /> the Gazette, and shall be laid before both Houses of the Parliament as soon as may be<br /> after it is made, and shall have effect as if enacted in this Act.<br /> <br /> 13.—(1.) Where copyright subsisted in the United Kingdom in respect of any<br /> musical, dramatic, or artistic work at or after the commencement of the Copyright Act<br /> 1905 and before the first day of July One thousand nine hundred and twelve, the copy-<br /> right shall, subject to this section, be deemed to have subsisted in the Commonwealth as<br /> from the commencement of the Copyright Act 1905 or from the date of the commence-<br /> ment of the copyright in the work, as the case requires, to the same extent as if copyright<br /> therein had subsisted in the Commonwealth under the law of the United Kingdom.<br /> <br /> (2.) Where a person has before the commencement of this Act taken any action<br /> whereby he has incurred any expenditure or liability in connexion with the reproduction<br /> <br /> Provision<br /> <br /> for reciprocal<br /> protection of<br /> copyright.<br /> <br /> Cf. Canada<br /> Copyright<br /> Bill 1911,<br /> el. 34,<br /> <br /> Provisions as<br /> to order in<br /> council.<br /> <br /> Cf. 1 &amp; 2 Geo.<br /> 5, c. 46, 8. 32.<br /> <br /> Saving of<br /> copyrights in<br /> certain works<br /> made out of<br /> the Common-<br /> wealth,<br /> <br /> <br /> Summary<br /> offences,<br /> <br /> 1 &amp; 2 Geo. 5,<br /> c, 46,5. 11.<br /> <br /> Penalty for<br /> permitting<br /> unauthorized<br /> performance<br /> in theatres,<br /> &amp;e.<br /> <br /> Cf. No. 25,<br /> 1905, s. 51.<br /> <br /> Search<br /> warrant and<br /> <br /> (4)<br /> <br /> of any musical, dramatic, or artistic work in a manner which at the time was lawful, or<br /> for the purpose of or with a view to the reproduction of any such work at a time when<br /> such reproduction would, but for this Act, have been lawful, nothing in this section shall<br /> diminish or prejudice any rights or interest arising from or in connexion with such<br /> action which were subsisting and valuable at the first day of July, One thousand nine<br /> hundred and twelve, unless the person who, by virtue of this section, becomes entitled to<br /> restrain such reproduction agrees to pay such compensation as, failing agreement, may be<br /> determined by arbitration.<br /> <br /> PART JIII.—Summary REMEDIES.<br /> <br /> 14.—(1.) If any person knowingly—<br /> (a) makes for sale or hire any infringing copy of a work in which copyright<br /> subsists ; or<br /> (2) sells or lets for hire or by way of trade exposes or offers for sale or hire, any<br /> infringing copy of any such work; or<br /> (¢) distributes infringing copies of any such work either for the purposes of trade<br /> or to such an extent as to affect prejudicially the owner of the copyright ; or<br /> (d) by way of trade exhibits in public any infringing copy of any such work ; or<br /> (6) imports for sale or hire into the Commonwealth any infringing copy of any<br /> such work,<br /> he shall be guilty of an offence under this Act and be liable on summary conviction to a<br /> fine not exceeding Forty shillings for every copy dealt with in contravention of this section,<br /> but not exceeding Fifty pounds in respect of the same transaction; or in the case of a<br /> second or subsequent offence, either to such fine or to imprisonment with or without hard<br /> labour for a term not exceeding two months.<br /> <br /> (2.) If any person knowingly makes or has in his possession any plate for the purpose<br /> of making infringing copies of any work in which copyright subsists, or knowingly<br /> and for his private profit causes any such work to be performed in: public without the<br /> consent of the owner of the copyright, he shall be guilty of an offence under this Act, and<br /> be liable on summary conviction to a fine not exceeding Fifty pounds, or, in the case of a<br /> second or subsequent offence, either to such fine or to imprisonment with or without hard<br /> labour for a term not exceeding two months.<br /> <br /> (3.) The court before which any such proceedings are taken may, whether the alleged<br /> offender is convicted or not, order that all copies of the work or all plates in possession of<br /> the alleged offender which appear to it to be infringing copies or plates for the purpose<br /> of making infringing copies, be destroyed or delivered up to the owner of the copyright or<br /> otherwise dealt with as the court may think fit.<br /> <br /> 15. Any person’ who, for his private profit, permits any theatre or other place of enter-<br /> tainment to be used for the performance in public of any musical or dramatic work,<br /> without the consent of the registered owner of the sole right to perform or authorize the<br /> performance of the work in the state or part of the Commonwealth where the theatre or<br /> place is situated, shall be guilty of an offence, unless he was not aware, and had no reason-<br /> able ground for suspecting, that the performance would be an infringement of the right<br /> to perform or authorize the performance of the work.<br /> <br /> Penalty : Ten pounds.<br /> <br /> 16.—(1.) A Justice of the Peace may, upon the application of the registered owner<br /> <br /> <br />  <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> of the copyright in any literary, dramatic, musical, or artistic work or of the agent of such<br /> owner appointed in writing—<br /> <br /> (a) if satisfied by evidence that there is reasonable ground for believing that<br /> infringing copies of the work are being sold, or offered for sale—issue a<br /> warrant, in accordance with the form prescribed, authorizing any constable<br /> to seize the infringing copies and to bring them before a court of summary<br /> jurisdiction ;<br /> <br /> (b) if satisfied by evidence that there is reasonable ground for believing that<br /> infringing copies of the work are to be found in any house, shop, or other<br /> place—issue a warrant, in accordance with the form prescribed, authorizing<br /> any constable to search, between sunrise and sunset, the place where the<br /> infringing copies are supposed to be, and to seize and bring them or any<br /> copies reasonably suspected to be infringing copies of the work before a<br /> court of summary jurisdiction.<br /> <br /> (2.) A court of summary jurisdiction may, on proof that any copies brought before it<br /> in pursuance of this section are infringing copies of the work, order them to be destroyed<br /> or to be delivered up, subject to such conditions, if any, as the court thinks fit, to the<br /> owner of the copyright in the work.<br /> <br /> 17.—(1.) The registered owner of the sole right to perform, or authorize the perform-<br /> ance, of a musical or dramatic work in the Commonwealth or any part thereof, or the agent<br /> of such owner appointed in writing, may, by notice in writing in accordance with the<br /> prescribed form, forbid the performance in public of the work in infringement of his<br /> right, and require any person to refrain from performing or taking part in the performance<br /> in public of the work, in infringement of his right, and every person to whom a notice<br /> has been given in accordance with this section shall refrain from performing or taking<br /> part in the performance in public of the work in infringement of the right of such<br /> owner.<br /> <br /> Penalty : Ten pounds.<br /> <br /> (2.) A person shall not give any notice in pursuance of this section without just<br /> cause.<br /> <br /> Penalty : Twenty pounds.<br /> <br /> (3.) In any prosecution under sub-section (2.) of this section, the defendant shall be<br /> deemed to have given the notice without just cause unless he proves to the satisfaction of<br /> the court that, at the time of giving the notice, he was the registered owner of the sole right<br /> to perform, or authorize the performance, of the work in the Commonwealth or any part<br /> thereof, or the agent or (sic) such owner appointed in writing, and had reasonable ground<br /> for believing that the person to whom the notice was given was about to perform or take<br /> part in the performance of the work in infringement of the right of such owner.<br /> <br /> 18. Where proceedings are instituted in any court of summary jurisdiction, by or on<br /> behalf of the owner of the copyright in any work or the owner of the sole right to perform,<br /> or authorize the performance, of any work, in respect of any offence in infringement of his<br /> right, any penalty imposed shall be paid to him by way of compensation for the injury<br /> sustained by him, but in any other case any penalty imposed in respect of any offence<br /> against this Act shall be paid to the Commonwealth.<br /> <br /> 19. No proceedings shall be instituted in a court of summary jurisdiction in respect<br /> of any offence against this Act after the expiration of six months from the date of the<br /> offence.<br /> <br /> <br /> <br /> <br /> <br /> seizure of<br /> pirated copies.<br /> <br /> Cf. No. 25,<br /> 1905, s. 52.<br /> <br /> Power of<br /> owner of per-<br /> forming right<br /> to forbid per-<br /> formance in<br /> infringement<br /> of his right.<br /> <br /> No. 25, 1905,<br /> s. 54.<br /> <br /> Application<br /> of penalties,<br /> No. 25, 1905,<br /> s. 57,<br /> <br /> Limitation of<br /> summary pro-<br /> ceedings.<br /> <br /> Cf. No. 25,<br /> 1905, s. 59.<br /> <br /> <br /> Appeals,<br /> Tb. s. 60.<br /> <br /> Part not to<br /> apply to<br /> works of<br /> architecture.<br /> Cf. 1&amp;2 Geo.<br /> 5,c. 46s, 9(2).<br /> <br /> Copyright<br /> office.<br /> <br /> Cf. No. 25,<br /> 1905, s. 10.<br /> Registrar of<br /> Copyrights.<br /> Cf. ib. s. 10.<br /> <br /> Powers and<br /> functions of<br /> Registrar.<br /> <br /> Seal.<br /> Cf. ib. s. 11.<br /> <br /> Registration<br /> optional.<br /> <br /> Copyright<br /> Registers.<br /> <br /> Ib. s. 64.<br /> <br /> Method of<br /> registration,<br /> Cf. No. 25,<br /> 1905, s. 65.<br /> <br /> Registration<br /> of assign-<br /> ments and<br /> transmissions,<br /> <br /> Ib. 8. 66.<br /> <br /> How registra-<br /> tion effected.<br /> <br /> Ib. s. 67.<br /> <br /> 20. An appeal shall lie from any conviction or order (including any dismissal of any<br /> information, complaint, or application) of a court of summary jurisdiction in respect of<br /> any offence or matter under this Act, and such appeal shall be to the court, and shall be<br /> made within the time and in the manner, provided by the law of the State or Territory in<br /> in which the conviction or order was made in case of appeals from courts of summary<br /> jurisdiction in that State or Territory.<br /> <br /> 21. This Part of this Act shall not apply to any case to which section nine of the<br /> British Copyright Act, relating to infringement of copyright in the case of a work of<br /> architecture applies.<br /> <br /> PART IV.—Tue Copyricur OFrice.<br /> Division 1.—GENERAL.<br /> <br /> 22. There shall be, for the purposes of this Act, an office called the Copyright Office.<br /> <br /> 23. The Copyright Office shall be in charge of an officer called the Registrar of<br /> Copyrights.<br /> <br /> 24. The Registrar of Copyrights shall have such powers and functions as are conferred<br /> upon him by this Act and the regulations.<br /> <br /> 25.—(1.) There shall be a seal of the Copyright Office, and impressions thereof shall<br /> be judicially noticed.<br /> <br /> (2.) The seal of the Copyright Office in use at the commencement of this Act shall,<br /> until altered, be the seal of the Copyright Office.<br /> <br /> DIVISION 2.—REGISTRATION.<br /> <br /> 26. Registration of copyright shall be optional, but the special remedies provided for<br /> by sections fifteen, sixteen, and seventeen of this Act can only be taken advantage of by<br /> registered owners.<br /> <br /> 27. The following Registers of Copyrights shall be kept by the Registrar at the<br /> Copyright Office :-—<br /> The Register of Literary (including Dramatic and Musical) Copyrights.<br /> The Register of Fine Arts Copyrights.<br /> The Register of International and State Copyrights.<br /> <br /> 28. The owner of any copyright under this Act, or of the sole right to perform, or:<br /> authorize the performance, of any musical or dramatic work in the Commonwealth or any<br /> part thereof, may obtain registration of his right in the manner prescribed.<br /> <br /> 29. When any person becomes entitled to any registered copyright or other right.<br /> under this Act by virtue of any assignment or transmission, or to any interest therein by<br /> licence, he may obtain registration of the assignment, transmission, or licence in the<br /> manner prescribed.<br /> <br /> 30. The registration of any copyright or other right under this Act, or of any assign-<br /> ment or transmission thereof or of any interest therein by licence, shall be effected by<br /> entering in the proper register the prescribed particulars relating to the right, assignment,.<br /> transmission, or licence.<br /> <br /> <br /> 31. In the case of an encyclopedia, newspaper, review, magazine, or other periodical<br /> work, or a work published in a series of books or parts, a single registration for the whole<br /> work may be made.<br /> <br /> 32.—(1.) No notice of any trust expressed, implied, or constructive shall be entered<br /> in any Register of Copyrights under this Act or be receivable Ly the Registrar.<br /> <br /> (2.) Subject to this section, equities in respect of any copyright under this Act may<br /> be enforced in the same manner as equities in respect of other personal property.<br /> <br /> 33. Every Register of Copyrights under this Act shall be primd facie evidence of the<br /> particulars entered therein, and documents purporting to be copies of any entry therein or<br /> extracts therefrom certified by the Registrar and sealed with the seal of the Copyright<br /> Office, shall be admissible in evidence in all Federal or State courts, or the courts of any<br /> Territory, without further proof or production of the originals.<br /> <br /> 34. Certified copies of entries in any register under this Act or of extracts therefrom<br /> shall on payment of the prescribed fee be given to any person applying for them.<br /> <br /> 35. Each register under this Act shall be open to public inspection at all convenient<br /> times on payment of the prescribed fee.<br /> <br /> 36. The Registrar may, in prescribed cases and subject to the prescribed conditions,<br /> amend or alter any register under this Act by—<br /> (a) correcting any error in any name, address, or particular ; and<br /> (b) entering any prescribed memorandum or particular relating to copyright or<br /> other right under this Act.<br /> <br /> 37.—(1.) Subject to this Act the Supreme Court of any State or a Judge thereof<br /> may, on the application of the Registrar or of any person aggrieved, order the rectification<br /> of any register under this Act by—<br /> <br /> (a) the making of any entry wrongly omitted to be made in the register ; or<br /> (b) the expunging of any entry wrongly made in or remaining on the register ; or<br /> (c) the correction of any error or defect in the register.<br /> <br /> (2.) An appeal shall lie to the High Court from any order for. the rectification of any<br /> <br /> register made by a Supreme Court or a Judge under this section.<br /> <br /> 38.—(1.) Every person who makes application for the registration of the copyright<br /> in a book shall deliver to the Registrar one copy of the whole book with all maps and<br /> illustrations belonging thereto, finished and coloured in the same manner as the best<br /> copies of the book are published, and bound, sewed, or stitched together and on the best<br /> paper on which the book is printed.<br /> <br /> (2.) Every person who makes application for the registration of the copyright in a<br /> work of art shall deliver to the Registrar one copy of the work of art or a representation<br /> of it.<br /> <br /> (3.) The Registrar shall refuse to register the copyright in any book until<br /> sub-section (1.) of this section has been complied with, or the copyright in a work of art<br /> until sub-section (2.) of this section has been complied with.<br /> <br /> (4.) Each copy or representation delivered to the Registrar in pursuance of this<br /> section shall be retained at the Copyright Office.<br /> <br /> 39. A person who wilfully makes any false statement or representation to deceive the<br /> Registrar or any officer in the execution of this Part of this Act, or to procure or<br /> <br /> Registration<br /> of works<br /> published in<br /> a series.<br /> <br /> Trusts not<br /> registered.<br /> <br /> No. 25, 1905,<br /> s. 68.<br /> <br /> Register to be<br /> evidence.<br /> <br /> Tb. s. 69.<br /> <br /> Certified<br /> copies.<br /> <br /> Ib. s. 70.<br /> Inspection of<br /> registey’.<br /> <br /> Tb. 8. 71.<br /> <br /> Correction of<br /> register.<br /> Ib. s. 72.<br /> <br /> Rectification<br /> of register by<br /> the Court.<br /> No, 25, 1905,<br /> s. 73.<br /> <br /> Delivery of<br /> copies to<br /> Registrar.<br /> Ib. 8. 75.<br /> <br /> False repre-<br /> sentation to<br /> Registrar.<br /> <br /> <br />  <br /> <br /> No. 25, 1905,<br /> s. 76.<br /> <br /> Delivery of<br /> books to the<br /> Librarian of<br /> the Parlia-<br /> ment,<br /> <br /> Cf. 1 &amp; 2 Geo,<br /> 5, c. 46, s, 15.<br /> <br /> Preservation<br /> of rights of<br /> State libraries,<br /> <br /> Regulations.<br /> <br /> No. 25, 1905,<br /> s. 79.<br /> <br /> (4)<br /> <br /> influence the doing or omission of any thing in relation to this Part of this Act or any<br /> matter thereunder shall be guilty of an indictable offence.<br /> P nalty ; Imprisonment for three years.<br /> <br /> PART V.—MIScELLANEOUS.<br /> <br /> 40.—(1.) The publisher of every book which is first published in the Commonwealth<br /> after the commencement of this section, and in which copyright subsists under this Act,<br /> shall within one month .after the publication deliver, at his own expense, a copy of the<br /> book to the Librarian of the Parliament, who shall give a written receipt for it.<br /> <br /> (2.) The copy delivered to the Librarian of the Parliament shall be a copy of the<br /> whole book with all maps and illustrations belonging thereto, finished and coloured in the<br /> same manner as the best copies of the book are published, and bound, sewed, or stitched<br /> together, and on the best paper on which the book is printed.<br /> <br /> (3.) Ifa publisher fails to comply with this section, he shall be liable on summary<br /> conviction to a fine not exceeding Five pounds and the value of the book.<br /> <br /> (4.) For the purposes of this section the expression ‘“‘ book ” includes every part or<br /> division of a hook, pamphlet, sheet of letterpress, map, plan, chart, or table, but shall not<br /> include any second or subsequent edition of a book unless that edition contains additions<br /> or alterations either in the letterpress or in the maps, prints, or other engravings<br /> belonging thereto or any book published by any State or any authority of a State.<br /> <br /> 41, Nothing in this Act shall be deemed to affect the existing provisions of any Act<br /> of the Parliament of a State which require or relate to the delivery to any specified Public<br /> or other Library of the State of copies of books published in the State or to affect the<br /> power of the Parliament of a State to make laws requiring or relating to such delivery.<br /> <br /> 42. The Governor-General may make regulations, not inconsistent with this Act,<br /> prescribing all matters which by this Act are required or permitted to be prescribed or<br /> which are necessary or convenient to be prescribed for giving effect to this Act or for the<br /> conduct of any business relating to the Copyright Office.<br /> <br /> BRADBURY, AGNEW, AND CO, LD., PRINTERS, LONDON AND TONBRIDGE	https://historysoa.com/files/original/5/530/1913-07-01-The-Author-23-10.pdf	publications, The Author